CrPC Section 438 = BNSS Section 482
Direction for Grant of Bail (Anticipatory Bail)
जमानत देने का निदेश (अग्रिम जमानत)
Overview
Side-by-Side Comparison
| Aspect | CrPC (Old) | BNSS (New) |
|---|---|---|
| Section Number | Section 438 | Section 482 |
| Title | Direction for Grant of Bail (Anticipatory Bail) | Direction for Grant of Bail (Anticipatory Bail) |
| Punishment | N/A (Procedural) | N/A (Procedural) |
| Cognizable | Yes — Police can arrest without warrant | |
| Bailable | Yes — Bail is a matter of right | |
| Compoundable | No — Cannot be compounded/settled | |
| Triable By | Magistrate / Court of Session | |
Key Changes
- Section number changed from CrPC 438 to BNSS 482
- BNSS modernizes the procedural framework with updated terminology and structure
- Substantive provisions remain largely the same with minor procedural refinements
Frequently Asked Questions
What is the BNSS equivalent of CrPC Section 438?
CrPC Section 438 (Direction for Grant of Bail (Anticipatory Bail)) is now BNSS Section 482 under the Bharatiya Nagarik Suraksha Sanhita 2023, effective from July 1, 2024.
Has CrPC Section 438 changed under BNSS?
The core provision remains substantially the same under BNSS Section 482. The BNSS reorganizes the procedural code with updated language and some procedural refinements.
Legal Disclaimer
This CrPC-to-BNSS section comparison is provided for informational and educational purposes only. It does not constitute legal advice. The mapping may not cover all nuances introduced by the new law. Always consult a qualified advocate or legal professional before relying on this information. For more details, see our Disclaimer.
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