Code of Criminal Procedure, 1973
CrPC Section 436 in BNSS
In what cases bail to be taken. Section 436 of the Code of Criminal Procedure, 1973 (In what cases bail to be taken) corresponds to Section 478 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Verify before you rely on this. Renumbering under the 2023 codes is not a clean one-to-one exercise — provisions were merged, split and reworded. Always check the printed bare act.
Where this sits in the exam
This provision is examined under CrPC & Bharatiya Nagarik Suraksha Sanhita, worth 10 of the 100 marks in AIBE XXII. The paper permits bare acts but bans notes, so what matters is finding it quickly, not reciting the number.
Questions that turn on this section
In a bailable offence, bail is:
Answer & explanation
A matter of right
For bailable offences the accused is entitled to be released on bail as of right on furnishing bail. For non-bailable offences the court exercises discretion.
Sections either side of it
How the neighbouring provisions of the Code of Criminal Procedure, 1973 were renumbered:
| CrPC | Provision | BNSS |
|---|---|---|
| 427 | Sentence on offender already sentenced for another offence | 467 |
| 432 | Power to suspend or remit sentences | 473 |
| 433 | Power to commute sentence | 474 |
| 436A | Maximum period for which undertrial prisoner can be detained | 479 |
| 437 | When bail may be taken in case of non-bailable offence | 480 |
| 438 | Direction for grant of bail to person apprehending arrest | 482 |
Practise it
Cutoff has AIBE XXII questions on this area, each cited to both codes with a line telling you where to find it in the bare act. Ten questions per subject are free, no account needed.
Practise free Full CrPC→BNSS table