Anticipatory Bail under BNSS: Sections & Case Law
The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) has replaced the Code of Criminal Procedure (CrPC). One of its important provisions is anticipatory bail, now governed by Section 482 BNSS. This provision allows an individual, who apprehends arrest in a non-bailable offence, to apply for bail in advance before the High Court or Sessions Court.
📜 Section 482 BNSS – Key Points
- Application: Any person anticipating arrest in a non-bailable offence may apply to the Sessions Court or High Court.
- Conditions: The court may direct the applicant to cooperate with investigation, not tamper with evidence, not threaten witnesses, and not leave India without permission.
- Arrest Without Warrant: If arrested, the person shall be released on bail if willing to furnish surety at that time.
- Exclusions: Anticipatory bail is not available in cases under Section 65 BNSS (rape of a girl under 16 years) and Section 70(2) BNSS (gang rape of a girl under 18 years).
⚖ Judicial Approach & Case Law
- Abdul Hameed v. State (Allahabad HC, 2025) – The High Court held that after BNSS, the earlier bar on anticipatory bail (under state CrPC amendments) no longer applies. Fresh applications can be entertained under Section 482 BNSS.
- Sudhir v. State of U.P. – The Court observed that omission of restrictive clauses in BNSS reflects legislative intent to widen judicial discretion in granting anticipatory bail.
🧾 Practical Takeaways
- BNSS provides wider scope for courts compared to CrPC, as mandatory restrictive factors have been removed.
- Courts will still weigh seriousness of offence, antecedents, risk of absconding, and public interest before granting relief.
- Exclusions under Section 482(4) BNSS must be carefully checked before filing an application.
Thus, anticipatory bail under BNSS remains a vital safeguard of personal liberty, protecting individuals against arbitrary arrest while balancing investigative needs.
Tags: Anticipatory Bail BNSS, Section 482 BNSS, Bail Law India, Bharatiya Nagarik Suraksha Sanhita, Criminal Procedure
