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A person accused of a bailable offence is ready to furnish bail and has no earlier bail-bond breach in…

Section 478(1) requires release on bail when the person is ready to furnish it and is in the station officer’s warrantless custody or before the court, as applicable. The…

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A person accused of a bailable offence is ready to furnish bail and has no earlier bail-bond breach in the same case. Under section 478 of the Bharatiya Nagarik Suraksha Sanhita, 2023, who must release the person on bail at the relevant stage?

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Answer and explanation

Correct answer A

Section 478(1) requires release on bail when the person is ready to furnish it and is in the station officer’s warrantless custody or before the court, as applicable.

The proviso protects a person who is indigent and cannot furnish a surety by requiring release on an appearance bond. Section 478(2) separately addresses prior breach of an appearance condition.

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Option A

Section 478(1) provides for release by the officer in charge during the relevant custody or by the court when the person is before it.

Option B

The section also gives the court responsibility when the person appears or is brought before it.

Option C

The officer in charge can release a person arrested or detained without warrant who is ready to furnish bail.

Option D

Section 478 assigns release under this rule to the station officer or the court.

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