Anticipatory Bail Under BNSS Section 482: A Practical Guide
Anticipatory (pre-arrest) bail is governed by Section 482 BNSS (formerly CrPC Section 438). It lies before the Court of Session or the High Court when there is a reasonable apprehension of arrest for a non-bailable offence.
Grounds courts weigh
- Nature and gravity of accusation and the applicant's specific role
- Antecedents — prior involvement in cognizable offences
- Risk of flight from justice
- Whether accusation is made to injure or humiliate the applicant
- Willingness to join and cooperate with investigation
How it differs from regular bail (Section 480 BNSS)
Regular bail is sought after arrest. Anticipatory bail is sought before arrest. Once arrested, the remedy shifts to Section 480 BNSS.