BNSS § 482 · In force since 1 July 2024
Section 482 BNSS — Anticipatory bail
A person who reasonably apprehends arrest on an accusation of a non-bailable offence may ask the High Court or Court of Session for a direction to release them on bail if arrested. Section 482 is the anticipatory-bail provision; the former CrPC 482 provision on inherent powers is now BNSS 528.
In short
- Replaces
- CrPC 438 — anticipatory bail
- Court
- High Court or Court of Session
- Trigger
- Reason to believe arrest may occur on an accusation of a non-bailable offence
- Limits
- Subject to s. 482(4), applicable special laws and the court’s conditions
The 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.
Source: Official BNSS Gazette text. BNSS First Schedule and savings provision. NCRB old-to-new section table.
Steps in practice
- 1
Record the basis for apprehending arrest
Identify the accusation and explain why arrest is reasonably apprehended. Assemble the FIR or complaint if available and relevant supporting documents.
- 2
Check eligibility and the proper court
Read sub-section (4) and any applicable special law. The statute names the High Court and Court of Session; check jurisdiction and local filing practice with an advocate.
- 3
Address workable conditions
The section permits conditions about interrogation, witnesses and travel. If relief is granted, read the order carefully and comply with its terms.
What changed from CrPC 438
NCRB maps CrPC 438 to BNSS 482 and marks it as changed. Do not assume every procedural detail of the former section was copied.
CrPC 438
Direction for bail in anticipation of arrest.
BNSS 482(1)Renumbered power
The High Court or Court of Session may direct release on bail in the event of arrest.
CrPC references
Conditions and exclusions referred to the former codes.
BNSS 482(2), (4)Read current text
Conditions refer to BNSS 480(3); the express exclusion refers to BNS 65 and 70(2).
Which law applies
Which procedural code applies?
CrPC 438
BNSS 531(2)(a) saves the specified proceedings pending immediately before commencement.
BNSS 482
The BNSS came into force on 1 July 2024; assess the proceeding together with the savings clause.
Do not decide the procedural code solely from the date of the offence or FIR. For a later application in an older matter, check the applicable savings provision and binding decisions in the relevant jurisdiction.
Related procedure
Questions advocates ask
Is BNSS 482 the same as CrPC 482?
No. BNSS 482 concerns anticipatory bail and corresponds to CrPC 438. The High Court’s inherent powers formerly in CrPC 482 are now in BNSS 528.
Which court can grant anticipatory bail?
Section 482(1) names the High Court or Court of Session. The appropriate filing route depends on jurisdiction, local practice and the facts.
Is anticipatory bail available for every non-bailable offence?
No. Sub-section (4) excludes accusations under BNS 65 and 70(2). Applicable special legislation may also restrict relief.
What conditions may the court impose?
Sub-section (2) permits conditions about availability for interrogation, avoiding interference with witnesses, not leaving India without permission, and other conditions under BNSS 480(3).