Section 482 BNSS: Direction for grant of bail to person apprehending arrest (Formerly Section 438 CrPC)

Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023: Direction for grant of bail to person apprehending arrest

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(1) When any person has reason to believe that he may be arrested on an accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Session for a direction under this section; and that Court may, if it thinks fit, direct that in the event of such arrest, he shall be released on bail.

(2) When the High Court or the Court of Session makes a direction under sub-section (1), it may include such conditions in such directions in the light of the facts of the particular case, as it may think fit, including—

(i) a condition that the person shall make himself available for interrogation by a police officer as and when required;

(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

(iii) a condition that the person shall not leave India without the previous permission of the Court;

(iv) such other condition as may be imposed under sub-section (3) of section 480, as if the bail were granted under that section.

(3) If such person is thereafter arrested without warrant by an officer in charge of a police station on such accusation, and is prepared either at the time of arrest or at any time while in the custody of such officer to give bail, he shall be released on bail; and if a Magistrate taking cognizance of such offence decides that a warrant should be issued in the first instance against that person, he shall issue a bailable warrant in conformity with the direction of the Court under sub-section (1).

(4) Nothing in this section shall apply to any case involving the arrest of any person on accusation of having committed an offence under section 65 and sub-section (2) of section 70 of the Bharatiya Nyaya Sanhita, 2023.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Bailable Offence Sec 2(1)(a) Charge Sec 2(1)(b) Cognizable Offence Sec 2(1)(c) Police Station Sec 2(1)(q) Arrest Sec 35 Bail Sec 478

Legal Commentary & Landmark Judgments: Section 482

Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 438 of the CrPC, 1973) empowers the High Court and Court of Session to grant Anticipatory Bail to any person who has reason to believe that they may be arrested on an accusation of having committed a non-bailable offence.

Reasonable Apprehension of Arrest: The applicant must demonstrate a genuine, tangible, and objective apprehension of arrest based on an existing accusation of a non-bailable offence.
Concurrent Jurisdiction: Application may be made either to the Court of Session or directly to the High Court; standard practice requires moving the Sessions Court first unless exceptional circumstances exist.
Mandatory Conditions under Section 482(2): Court may impose conditions: making oneself available for interrogation, not tampering with evidence or threatening witnesses, not leaving India without prior permission.
Exclusion for Rape and Special Statutes: Expressly barred for certain aggravated child sexual offences and offences under special statutes (SC/ST Act, NDPS commercial quantity) unless statutory threshold is met.

Key Landmark Precedents:

Gurbaksh Singh Sibbia v. State of Punjab, (1980) 2 SCC 565: The Constitution Bench settled that Section 438 CrPC is an engine of personal liberty under Article 21; powers must be exercised generously without reading artificial fetters or demanding exceptional circumstances.
Sushila Aggarwal v. State (NCT of Delhi), (2020) 5 SCC 1: The Constitution Bench authoritatively held that anticipatory bail should not ordinarily be limited to a fixed time period and can continue till the end of trial; protective orders do not automatically expire upon filing of charge sheet.
Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273: The Supreme Court prohibited routine arrests in offences punishable with up to seven years imprisonment, mandating compliance with notice procedures under Section 41A CrPC / Section 35(3) BNSS.

Courtroom Practice & Strategic Litigation Guidance:

When drafting an anticipatory bail petition under Section 482, establish: (1) false implication arising from civil/commercial animus; (2) clean antecedents; (3) permanent roots in society eliminating flight risk; and (4) unconditional readiness to join investigation.