Anticipatory Bail under the BNSS: What Has Changed

With the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) replacing the Code of Criminal Procedure, the provision for anticipatory bail now sits in Section 482 of the BNSS, corresponding to the old Section 438 CrPC. The core idea is unchanged: a person who has reason to believe they may be arrested for a non-bailable offence can approach the court for a direction that, in the event of arrest, they be released on bail.

Which court can grant anticipatory bail?

An application may be moved before the Court of Session or the High Court. In practice, applicants in Haryana usually approach the Sessions Court first, and the High Court of Punjab & Haryana thereafter if relief is declined.

What the court considers

Courts generally weigh the nature and gravity of the accusation, the applicant's antecedents, the possibility of the applicant fleeing from justice, and whether the accusation appears to have been made with the object of injuring or humiliating the applicant. No single factor is decisive.

Conditions that may be imposed

• Making oneself available for interrogation by the police as and when required.
• Not directly or indirectly making any inducement, threat or promise to any person acquainted with the facts of the case.
• Not leaving India without the previous permission of the court.

Documents to keep ready

A copy of the FIR or complaint (if available), any notices received, documents supporting your version of events, and identity and address proof. The earlier an advocate reviews these, the better the application can be framed.

This article is for general information only and is not legal advice.