Last updated: 18 October 2026
Short answer: Anticipatory bail is now governed by section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaced section 438 of the Code of Criminal Procedure, 1973 from 1 July 2024. A person who has reason to believe he may be arrested for a non-bailable offence can apply to the Court of Session or the High Court for a direction that, if arrested, he shall be released on bail. The court may impose conditions, such as joining the investigation when required, not influencing witnesses and not leaving India without permission. It is not available for offences under section 65 and section 70(2) of the Bharatiya Nyaya Sanhita (rape of a girl below 16 and gang rape of a girl below 18).
Section 438 CrPC to section 482 BNSS: what changed
| Point | Section 438 CrPC (old) | Section 482 BNSS (new) |
|---|---|---|
| Basic power | High Court or Court of Session may direct release on bail in the event of arrest | Same |
| Statutory factors (gravity of accusation, antecedents, risk of fleeing, intent to humiliate) | Listed in section 438(1) | Not listed; courts continue to weigh such factors under case law |
| Interim order and notice to Public Prosecutor | Detailed in section 438(1), (1A) and (1B) | Not reproduced |
| Conditions | Section 438(2) | Section 482(2): same four heads |
| Effect on later arrest | Section 438(3) | Section 482(3): same |
| Excluded offences | IPC sections 376(3), 376AB, 376DA, 376DB | BNS section 65 and section 70(2) |
For other old to new mappings, such as IPC 420 to BNS 318, see our IPC to BNS section converter. Related bail provisions have also moved: regular bail by a Magistrate (old section 437) is now section 480, and the special powers of the High Court and Sessions Court (old section 439) are now section 483.
When can you apply?
- There must be a real apprehension of arrest. Vague fear is not enough. A threat by the complainant, a complaint already lodged, an FIR, a summons or warrant, or a police notice can all support the apprehension.
- The offence must be non-bailable. For bailable offences, bail is a right under section 478 and anticipatory bail is unnecessary.
- An FIR is not essential. In Sushila Aggarwal v. State (NCT of Delhi), decided by a Constitution Bench on 29 January 2020, the Supreme Court held that an application can be made even before an FIR is registered, as long as the facts are clear and there is a reasonable basis for the apprehension.
- You must not already be in custody for that offence. Once arrested, the remedy is regular bail.
Which court: Sessions Court or High Court?
Section 482 gives both courts the power. In practice applicants usually go to the Court of Session first and approach the High Court if relief is refused. Whether the High Court should entertain applications directly, without the Sessions Court being approached first, is now before a three judge bench of the Supreme Court in Mohammed Rasal C. v. State of Kerala, which reserved judgment in October 2026. Until that ruling, follow the settled practice of your State.
Position in Uttar Pradesh
Uttar Pradesh had its own amendment to section 438 CrPC (U.P. Act No. 4 of 2019), which barred anticipatory bail in certain categories, including offences punishable with death or life imprisonment and NDPS cases. In 2025, single judges of the Allahabad High Court held that this bar did not survive the repeal of the CrPC, because section 482 BNSS contains no such prohibition. Sudhir @ Sudhir Kumar Chaurasia v. State of U.P., 2025:AHC-LKO:34988 (Lucknow Bench) entertained an application in an NDPS case, and a July 2025 ruling in Abdul Hameed’s case granted relief in an offence punishable with life imprisonment. Special statutes that restrict bail still apply on their own terms.
Conditions the court can impose
Section 482(2) lists the conditions a court may attach:
- the applicant shall make himself available for interrogation by a police officer as and when required;
- he shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case, to dissuade that person from disclosing the facts to the court or the police;
- he shall not leave India without the previous permission of the court;
- any other condition that could be imposed under section 480(3), as if bail were granted under that section.
Under section 482(3), if the applicant is later arrested without warrant on that accusation by an officer in charge of a police station, he must be released on bail if he is prepared to give bail. If a Magistrate taking cognizance decides a warrant should issue, it must be a bailable warrant in line with the direction.
How long does the protection last?
Sushila Aggarwal also held that anticipatory bail need not be limited to a fixed period. It can continue until the end of the trial, unless the court, for reasons specific to the case, limits it. Courts can still impose conditions, and the protection can be cancelled if the conditions are broken. Earlier, in Gurbaksh Singh Sibbia v. State of Punjab, (1980) 2 SCC 565, a Constitution Bench had cautioned against reading into the provision restrictions that the legislature did not impose.
Where anticipatory bail is barred or restricted
- BNS section 65 and section 70(2): excluded by section 482(4).
- SC/ST (Prevention of Atrocities) Act, 1989: sections 18 and 18A exclude anticipatory bail. In Prathvi Raj Chauhan v. Union of India (10 February 2020) the Supreme Court upheld section 18A but recognised that a court may still grant relief where the complaint does not make out a prima facie case under the Act.
- Proclaimed offenders and absconders: courts are generally unwilling to protect a person who has evaded the process of law.
Step by step procedure
- Collect the facts: FIR copy (available online in most States), complaint copy, police notices, and documents that support your version.
- Draft the application under section 482 BNSS, supported by an affidavit. State the case number, sections, police station, your role as alleged, why the accusation is false or exaggerated, your antecedents, roots in society and willingness to cooperate.
- Disclose earlier applications. Courts require you to state whether any bail or anticipatory bail application was filed earlier and what happened to it. Concealment can lead to dismissal.
- File in the Sessions Court of the district where the case is registered. The court calls for the case diary or a report from the police and hears the Public Prosecutor.
- Seek interim protection at the first hearing if arrest is imminent. Though section 482 does not spell out interim orders, courts routinely grant interim protection till the next date.
- On grant, comply with the order. Furnish bail bonds and sureties as directed, usually before the trial court or the investigating officer, and join investigation on the dates fixed.
Documents checklist
| Document | Purpose |
|---|---|
| Application under section 482 BNSS | The main pleading |
| Supporting affidavit of the applicant | Verifies the facts stated |
| Copy of FIR or complaint, if available | Shows the accusation and sections |
| Police notices, summons or warrant | Shows the apprehension of arrest |
| Documents in support of defence (agreements, messages, payment records, medical papers) | Shows the case is false, civil in nature or exaggerated |
| Copy of any earlier order on bail | Disclosure and, before the High Court, the Sessions Court’s refusal |
| Identity proof and vakalatnama (if represented) | Identification and authority to appear |
Free sample: prayer clause for anticipatory bail
IN THE COURT OF THE SESSIONS JUDGE, [DISTRICT]
Criminal Misc. Anticipatory Bail Application No. ____ of [year]
[Name of applicant] … Applicant
versus
State of [State] … Opposite Party
Case Crime No. [ ], under sections [ ] BNS, Police Station [ ], District [ ]
APPLICATION UNDER SECTION 482 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023
1. The applicant has been falsely named in the above case, registered on [date] on the complaint of [name], arising out of [brief nature of dispute].
2. The applicant has reason to believe that he may be arrested in the said case, which involves a non-bailable offence.
3. The applicant has no criminal antecedents, is a permanent resident of [place], and undertakes to cooperate with the investigation and abide by any condition imposed by this Court. No other application for anticipatory bail in this case has been filed before any court.
PRAYER: It is therefore prayed that this Court may be pleased to direct that, in the event of arrest of the applicant in Case Crime No. [ ], Police Station [ ], he be released on bail on such terms and conditions as this Court deems fit; and, pending disposal of this application, to direct that no coercive action be taken against the applicant.
Place: [ ] Date: [ ]
[Signature of applicant]
Draft it right the first time. The Lexfolio Bail Application Formats (BNSS) pack gives you editable anticipatory bail, regular bail and supporting affidavit formats updated for the BNSS section numbers, in English and Hindi.
Need a regular bail application in Hindi instead? See our guide to the जमानत प्रार्थना पत्र का प्रारूप.
Frequently asked questions
Is section 438 CrPC still used?
Applications filed on or after 1 July 2024 are made under section 482 BNSS. Section 438 is relevant only to proceedings saved under the repeal provision in section 531 BNSS.
Can anticipatory bail be granted after a charge sheet is filed?
Yes. Nothing in section 482 limits it to the investigation stage, and Sushila Aggarwal confirms the protection can extend through the trial.
Do I have to surrender after getting anticipatory bail?
No surrender to custody is needed. You furnish bonds as the order directs and comply with its conditions.
Can the police still question me?
Yes. Joining interrogation when required is one of the statutory conditions in section 482(2).
What if the Sessions Court rejects my application?
You can apply to the High Court under the same section, attaching the Sessions Court order. A fresh application to the same court generally needs a change in circumstances.
*This article is general information, not legal advice.*