What is Anticipatory Bail?

Anticipatory bail is a type of pre-arrest bail granted by a Sessions Court or High Court to a person who apprehends arrest in a non-bailable offence. It provides temporary protection from police custody and ensures the individual’s liberty until the trial.

In simple terms:

If you believe someone might falsely accuse you of a crime and get you arrested, you can apply for anticipatory bail to avoid arrest.

When Can You Apply for Anticipatory Bail?

You can apply for anticipatory bail when:

• A non-bailable offence is likely to be registered against you.
• You have credible information or strong reason to believe that you may be arrested.
• The accusation appears to be false, frivolous, politically motivated, or driven by personal enmity.

How to Apply for Anticipatory Bail

1. Approach the Right Court

• Sessions Court: File the application before the Sessions Judge.
• High Court: If rejected by Sessions Court, appeal before the High Court.

2. File an Application under Section 482 of BNSS

• Mention details of the anticipated offence under BNSS.
• State reasons for apprehending arrest.
• Include supporting documents such as FIR copy (if available), background details, and any proof of enmity or false allegations.

3. Conditions Court May Impose

The court may grant anticipatory bail with certain conditions, such as:

• Not leaving the country without permission.
• Cooperating with the police during investigation.
• Not threatening or influencing witnesses.
• Not committing a similar offence while on bail.

Anticipatory Bail under BNSS – Section 482 Explained

Under the BNSS, 2023, the provision for anticipatory bail is detailed in Section 482. This section replaces Section 438 of the CrPC.

✅ Key Provisions of Section 482 BNSS:

1. Eligibility: Any person who believes they may be arrested for a non-bailable offense can apply for anticipatory bail.
2. Jurisdiction: Applications for anticipatory bail can be made to the High Court or the Court of Session.
3. Discretion of Court: The court may, based on the facts of the case, grant bail with specific conditions.
4. Mandatory Conditions May Include:
   • Presence for police interrogation as and when required.
   • Not making any threats, inducements, or promises to influence witnesses.
   • Not leaving the country without prior permission.
   • Any additional conditions that the court finds appropriate (in line with Section 480 of BNSS).
5. Protection from Custody: If arrested after the bail is granted, the person must be released immediately on bail.
6. Special Bar on Certain Offenses: Anticipatory bail shall not be granted in cases of gang rape of a minor below 18 years of age.

Offenses Where Anticipatory Bail May Be Denied

While anticipatory bail is discretionary, courts are unlikely to grant it in cases involving:

• Terrorism or anti-national activities
• Rape or gang rape of minors
• Severe economic offenses
• Cases where custodial interrogation is crucial
• Habitual offenders or those with prior convictions

Notable Highlights of BNSS Section 482

• Liberal approach toward liberty and bail
• Explicit exclusion for gang rape involving minors under 18
• No bar on serious offenses like murder or terrorism—subject to court’s discretion
• Greater consistency with constitutional principles of liberty
• Encourages early legal remedy to prevent arbitrary arrest