Anticipatory bail
ಸಹ ಕರೆಯಲಾಯಿತು: pre-arrest bail
A direction from a Sessions Court or High Court that a person who fears arrest for a non-bailable offence be released on bail if arrested. It is now under Section 482 of the BNSS.
Anticipatory bail protects a person before arrest. If you have reason to believe you may be arrested for a non-bailable offence, you can ask the Sessions Court or the High Court for a direction that, if arrested, you be released on bail.
The law behind it
Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) provides for anticipatory bail, replacing Section 438 of the old CrPC from 1 July 2024. The court can impose conditions, such as making yourself available for questioning, not leaving India without permission, and not threatening witnesses. The Supreme Court held in Sushila Aggarwal v State (NCT of Delhi) (2020) that anticipatory bail need not be limited to a fixed period.
What courts consider
- The nature and seriousness of the accusation.
- The applicant's past record.
- The possibility of the applicant fleeing.
- Whether the accusation appears made to injure or humiliate the applicant.
Exceptions
Anticipatory bail is not available for some offences under special laws, for example certain offences under the SC/ST (Prevention of Atrocities) Act, subject to court rulings.
Draft an anticipatory bail application. For bail after arrest when the investigation is not completed in time, see default bail.
ಕೆಳಗಿನ ಮೂಲಗಳ ವಿರುದ್ಧ ಪರಿಶೀಲಿಸಲಾಗಿದೆ ನವೆಂಬರ್ 7, 2026 IST. ಭಾರತೀಯ ಕಾನೂನಿನ ಬಗ್ಗೆ ಸಾಮಾನ್ಯ ಮಾಹಿತಿ, ನಿಮ್ಮ ಪ್ರಕರಣಕ್ಕೆ ಕಾನೂನು ಸಲಹೆಯಲ್ಲ.