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Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter XXXV: Provisions As to Bail and Bonds

Section 482: Direction for grant of bail to person apprehending arrest

Earlier law: CrPC section 438 (Direction for grant of bail to person apprehending arrest)

In plain words

A person who fears arrest for a non-bailable offence can apply to the High Court or Court of Session for anticipatory bail, a direction that they be released on bail if arrested.

  • Conditions can include being available for police questioning, not influencing witnesses, not leaving India without permission, and others the court thinks fit.
  • If later arrested, they must be released on bail, and a Magistrate must issue only a bailable warrant.
  • Anticipatory bail is not available for offences under section 65 and sub-section (2) of section 70 of the Bharatiya Nyaya Sanhita, 2023 (rape of a young girl, and gang rape of a minor).

A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.

Read the in-depth explanation, with key Supreme Court rulings ↓

Official text

(1) When any person has reason to believe that he may be arrested on an accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Session for a direction under this section; and that Court may, if it thinks fit, direct that in the event of such arrest, he shall be released on bail.

(2) When the High Court or the Court of Session makes a direction under sub-section (1), it may include such conditions in such directions in the light of the facts of the particular case, as it may think fit, including—-

(i) a condition that the person shall make himself available for interrogation by a police officer as and when required;

(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

(iii) a condition that the person shall not leave India without the previous permission of the Court;

(iv) such other condition as may be imposed under sub-section (3) of section 480, as if the bail were granted under that section.

(3) If such person is thereafter arrested without warrant by an officer in charge of a police station on such accusation, and is prepared either at the time of arrest or at any time while in the custody of such officer to give bail, he shall be released on bail; and if a Magistrate taking cognizance of such offence decides that a warrant should be issued in the first instance against that person, he shall issue a bailable warrant in conformity with the direction of the Court under sub-section (1).

(4) Nothing in this section shall apply to any case involving the arrest of any person on accusation of having committed an offence under section 65 and sub-section (2) of section 70 of the Bharatiya Nyaya Sanhita, 2023.

Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.

Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 12 September 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.

Understanding this section

Section 482 of the BNSS replaces section 438 of the CrPC: anticipatory bail. A person who reasonably believes he may be arrested for a non-bailable offence can ask the High Court or Court of Session for a direction that, if arrested, he be released on bail. Note the number: section 482 now means anticipatory bail, while the High Court's inherent powers have moved to section 528.

Conditions

The court may require the person to be available for interrogation, not to influence witnesses, not to leave India without permission, and to comply with other conditions available for regular bail under section 480.

Duration

Following the Constitution Bench ruling on the old section 438, anticipatory bail need not be limited to a fixed period and ordinarily continues till the end of the trial, unless the court limits it for special reasons.

Factors and exclusions

Courts weigh the gravity of the accusation, the applicant's role and antecedents, the risk of flight and tampering, and whether the accusation seems designed to humiliate. The section does not apply to certain sexual offences against minors listed in sub-section (4).

Key Supreme Court rulings

  • Sushila Aggarwal v. State (NCT of Delhi) 2020 INSC 106

    Decided under section 438 of the CrPC. Anticipatory bail need not invariably be limited to a fixed period and can continue till the end of the trial; courts may impose conditions or limit tenure for special features.

  • Gurbaksh Singh Sibbia v. State of Punjab (1980) 2 SCC 565

    The foundational Constitution Bench ruling: anticipatory bail can be sought on a reasonable belief of arrest for a non-bailable offence, even before a case is registered.

Common mistakes

  • Confusing BNSS section 482 (anticipatory bail) with CrPC section 482 (inherent powers, now BNSS section 528).

Read with: Section 480 BNSS, Section 483 BNSS, Section 438 CrPC

Prepared with AI assistance as a study aid. Every ruling listed was checked against the Supreme Court's own judgments on this site, and quoted words appear in those judgments; linked names open the full judgment. Read the judgments themselves before relying on them. Not legal advice.

Supreme Court judgments citing the section 482