AI Overview...
BNS Section 69 Bailable – Summary
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Section 69 of BNS pertains to offences that are generally non-bailable, especially when the allegations involve serious cognizable offences, as indicated in multiple sources.
SATYAM CHAUHAN vs THE STATE OF NCT OF DELHI - Delhi, VIRAL NARENDRA GOSALIA vs THE SENIOR INTELLIGENCE OFFICER DIRECTORATE GENERAL OF GOODS AND SERVICES TAX INTELLIGENCE - Karnataka -
Anticipatory Bail: Several cases discuss the grant or denial of anticipatory bail under Section 69 of BNS. Courts have considered whether the offence qualifies as non-bailable and whether the applicant’s fear of arrest justifies anticipatory bail.
SATYAM CHAUHAN vs THE STATE OF NCT OF DELHI - Delhi, Asheesh Kumar vs State of U.P. - Allahabad, SAYOOJ S vs STATE OF KERALA - Kerala -
Bailable vs. Non-Bailable Offences: The general principle is that offences under Section 69 of BNS are non-bailable, but courts may consider anticipatory bail if the arrest is not yet executed or if the arrest violates procedural safeguards, such as prior notice.
VIRAL NARENDRA GOSALIA vs THE SENIOR INTELLIGENCE OFFICER DIRECTORATE GENERAL OF GOODS AND SERVICES TAX INTELLIGENCE - Karnataka, Asheesh Kumar vs State of U.P. - Allahabad -
Procedural Aspects: Courts emphasize that arrest under Section 69 requires adherence to procedural safeguards, including prior notice (Section 35(3) of BNSS), and that bail applications in non-bailable cases are scrutinized carefully, especially at initial stages.
VIRAL NARENDRA GOSALIA vs THE SENIOR INTELLIGENCE OFFICER DIRECTORATE GENERAL OF GOODS AND SERVICES TAX INTELLIGENCE - Karnataka, SAYOOJ S vs STATE OF KERALA - Kerala -
Judicial Discretion: The rejection of bail in non-bailable cases at initial stages is common, but subsequent applications can be entertained based on merits, procedural compliance, and the nature of the offence.
XYZ vs The State of Maharashtra - Bombay, VIRAL NARENDRA GOSALIA vs THE SENIOR INTELLIGENCE OFFICER DIRECTORATE GENERAL OF GOODS AND SERVICES TAX INTELLIGENCE - Karnataka -
Specific Cases:
- In cases involving allegations like stalking under Section 78 of BNS, courts have held that only certain offences are non-bailable, and bail may be granted if the offence does not meet criteria for non-bailability.
Krishan Kumar Kasana vs State of Himachal Pradesh - Himachal Pradesh - For offences under Sections 61(2), 67, and others of the BNS and IT Act, procedural safeguards such as prior notice are crucial before arrest.
VIRAL NARENDRA GOSALIA vs THE SENIOR INTELLIGENCE OFFICER DIRECTORATE GENERAL OF GOODS AND SERVICES TAX INTELLIGENCE - Karnataka, Pappula Chalama Reddy vs The State of Andhra Pradesh - Andhra Pradesh
Analysis and Conclusion
Section 69 of BNS generally deals with serious offences that are non-bailable, reflecting the legislature’s intent to restrict bail in certain cases. However, courts recognize procedural protections like prior notice and the distinction between initial bail considerations and subsequent bail applications. Anticipatory bail may be granted if the arrest is not yet executed or if procedural violations occur, but the default position remains that offences under Section 69 are non-bailable, especially in serious or cognizable cases. The procedural safeguards, including compliance with notices and warrants, are emphasized to prevent arbitrary arrests.
References:
- SATYAM CHAUHAN vs THE STATE OF NCT OF DELHI - Delhi, SAYOOJ S vs STATE OF KERALA - Kerala, Prempal vs State Of U.P. - Allahabad, XYZ vs The State of Maharashtra - Bombay, Asheesh Kumar vs State of U.P. - Allahabad, Krishan Kumar Kasana vs State of Himachal Pradesh - Himachal Pradesh, VIRAL NARENDRA GOSALIA vs THE SENIOR INTELLIGENCE OFFICER DIRECTORATE GENERAL OF GOODS AND SERVICES TAX INTELLIGENCE - Karnataka, Dasarath Ray @ Dipjyoti Roy VS State of Assam Rep. By The P. P. , Assam. - Gauhati, Pappula Chalama Reddy vs The State of Andhra Pradesh - Andhra Pradesh, Pratik Shail @ Pratik Sail VS State of Bihar - Patna
Search Results for "Bns Section 69 Bailable"
2025 Supreme(Online)(Del) 3190 • India - IN THE HIGH COURT OF DELHI AT NEW DELHI
GIRISH KATHPALIA, J
The accused/applicant seeks anticipatory bail under FIR No. 421/2025 for an alleged offence under Section 69 of BNS, claiming the ... The accused/applicant seeks anticipatory bail in case FIR No. 421/2025 of PS Burari for offence under Section 69 of BNS . ... It is also informed by the IO that proceedings to declare the accused/applicant a Proclaimed Offender have already commenced, since despite efforts, the non-bailable warrants could not be executed against him. ....
2025 Supreme(Online)(Ker) 26587 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
Section 69 can be attracted. 7. ... O R D E R This bail application is filed under section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short ‘ BNSS ’).
2025 0 Supreme(All) 3509 • India - IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
PRAVEEN KUMAR GIRI
(B) Quashing of Summoning Order - Authority of Judicial Magistrate - The Judicial Magistrate is bound to take cognizance under Section ... 64, section 65, section 66, section 68, section 69, section 70, section 71, section 74, section 75, section 76, section 77, section 78, section 79, section 143, section 19....
2025 Supreme(Online)(Bom) 4253 • India - Bombay High Court
R.N. Laddha, J
(1995) 1 SCC 349 , where it was observed as follows: “Rejection of bail in a non-bailable case at the initial stage and the cancellation of bail so granted, have to be considered and dealt with on different basis.
2025 0 Supreme(All) 2906 • India - IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
ARUN KUMAR SINGH DESHWAL
. - Section 482 - Anticipatory bail application - High Court held that anticipatory bail is not maintainable on simple issuance of ... fear is insufficient - The legislative intent is to protect individuals from arbitrary arrest - Court determined that until a non-bailable ... ... ... Issues: Whether anticipatory bail can be granted on issuance of a summons in a complaint case regarding a non-bailable offence ... (4) Nothing in this section shall apply to any case involving the arrest of any person on accusation of ha....
2025 Supreme(Online)(HP) 6755 • India - IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Rakesh Kainthla, J
The key issue centers on whether the allegations constitute stalking under Section 78 of BNS. ... The present petition seeks pre-arrest bail under FIR No. 107 of 2025 for offences under Sections 221, 224, 351(2), and 78 of the ... Anand Sharma, learned Senior Counsel for the petitioner, submitted that only the offence punishable under Section 78 of BNS is non-bailable. The allegations in the F.I.R. do not constitute the commission of an offence punishable under Sectiohn#HL_....
2025 Supreme(Online)(Kar) 30327 • India - Karnataka High Court
HEMANT CHANDANGOUDAR, J
(A) Constitution of India - Articles 226 and 227 - Central Goods and Services Tax Act, 2017 - Section 69(1) - BNSS, 2023 - Section ... ... ... Issues: Whether the arrest is maintainable without prior notice under Section 35(3) of BNSS? ... ... ... Ratio Decidendi: The court ruled that failure to issue a notice under Section 35(3) before arrest vitiated the arrest, reaffirming ... to have committed cognizable and non-bailable offences under this Act and despite our finding that ther....
2024 0 Supreme(Gau) 906 • India - Gauhati
VIJAY BISHNOI, KARDAK ETE
bail for juveniles - The court addressed whether a juvenile can apply for anticipatory bail before actual apprehension for a non-bailable ... (A) Code of Criminal Procedure, 1973 - Section 438 - Juvenile Justice (Care and Protection of Children) Act, 2015 - Applicability ... 'apprehended' are not synonymous, and the absence of 'arrest' in the Juvenile Justice Act does not preclude the application of Section ... Section 12 of the 2015 Act itself provides that any person, who is apparently a child and is alleged to have co....
2024 Supreme(Online)(AP) 17930 • India - High Court of Andhra Pradesh
R. Raghunandan Rao, Maheswara Rao Kuncheam, JJ
(A) Information Technology Act, 2000 - Section 67 - BNS - Sections 61(2), 196, 352, 353(2), 308(5), 111, 336(4), 340(2) - Writ of ... of the BNS and IT Act for allegedly posting abusive content on social media against government officials. ... 56-62) ... ... Facts of the case: ... The petitioner sought a writ of habeas corpus to release his son, detained under multiple sections ... by the under signed as per the provisions of Section 47 BNS S. ... Similarly, #HL_ST....
2025 0 Supreme(Pat) 152 • India - Patna
BIBEK CHAUDHURI
, 1973 – Dismissal of earlier Section 482 petition does not bar filing of subsequent petition under Section 482 Cr.P.C. – Instant ... Constitution of India – Article 226 – Criminal Procedure Code, 1973 – Section 482 – Indian Penal Code, 1860 ... of F.I.R. is maintainable in view of same prayer having been rejected previously under Section 482 of Code of Criminal Procedure ... -VI, Patna City, praying for issuance of non-bailable warrant against the petitioner. The learned Magistrate recorded in his orde....
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