BNSS Section 482 (CrPC 438): anticipatory bail
Who can ask for a direction to be released on bail if arrested, which courts can give it, what they can attach to it, and the offences it does not reach.
Anticipatory bail is section 482 of the Bharatiya Nagarik Suraksha Sanhita, which took the place of section 438 of the CrPC from 1 July 2024. A person who has reason to believe they may be arrested on an accusation of a non-bailable offence may apply to the High Court or the Court of Session for a direction that, if arrested, they be released on bail. The court may attach conditions. Sub-section (4) shuts the section out for offences under BNS section 65 and section 70(2).
- What it does
- Lets the High Court or Court of Session direct that a person be released on bail if arrested
- Was
- CrPC section 438
- Now
- BNSS section 482
- Applies to
- An accusation of a non-bailable offence only
Read this first: sub-section (4) says nothing in the section applies to an arrest on an accusation under BNS section 65 or section 70(2). And “482 CrPC” is a different provision — the High Court’s inherent powers, now BNSS section 528.
The corresponding procedural provision, under a new number. The Government’s table does not mark it as changed — good evidence the wording came across, but not proof.
| CrPC 438 | becomes BNSS 482 | renumbered |
|---|
Key takeaways
- Section 482 is only for an accusation of a non-bailable offence.
- It names two courts, the High Court and the Court of Session, and no other.
- The direction bites on arrest: the person is then released on offering bail (s. 482(3)).
- Conditions can include being available for interrogation and not leaving India without permission.
- It does not apply to accusations under BNS section 65 or section 70(2).
Who can apply for anticipatory bail under BNSS 482, and to which court
The applicant is “any person” who “has reason to believe that he may be arrested on an accusation of having committed a non-bailable offence”. The application goes to the High Court or the Court of Session, and the court “may, if it thinks fit” direct that in the event of arrest the person be released on bail. The word is may: nothing in the section makes the direction automatic.
Is the feared accusation of a non-bailable offence? s. 482(1)
- Yes: Go on.
- No — stop: Section 482 does not apply. A bailable offence already carries release on bail (s. 478).
Is the accusation under BNS section 65 or section 70(2)? s. 482(4)
- Yes — stop: Section 482 does not apply at all.
- No: Go on.
Apply to the High Court or the Court of Session s. 482(1)
The court “may, if it thinks fit” direct release on bail in the event of arrest. No other court is named.
From the text of BNSS s. 482. Whether an offence is bailable is fixed by the First Schedule. The section does not rank the two courts or say which to approach first.
Conditions the court can attach to anticipatory bail
A direction can carry conditions “in the light of the facts of the particular case”. Three are spelt out, and a fourth imports the conditions that section 480(3) sets for bail in serious non-bailable offences.
| Clause | The person shall… |
|---|---|
| (i) | Make himself available for interrogation by a police officer as and when required |
| (ii) | Not, directly or indirectly, make any inducement, threat or promise to anyone acquainted with the facts, to dissuade them from disclosing those facts |
| (iii) | Not leave India without the previous permission of the Court |
| (iv) | Any condition that could be imposed under s. 480(3), as if bail were granted under that section |
- Attend in accordance with the conditions of the bond
- Not commit an offence similar to the one accused or suspected of
- Not induce, threaten or promise anyone acquainted with the facts, or tamper with the evidence
- Any other condition the court considers necessary in the interests of justice
BNSS ss. 482(2) and 480(3). The list is introduced by “including”, so it is not closed.
What happens if the person is arrested after the direction
A direction does not stop an arrest; it governs what follows one. Sub-section (3) deals with the two ways a person can come into custody on the same accusation.
Arrested without warrant by the officer in charge of a police station
If the person is prepared to give bail — at the time of arrest or at any time in that officer’s custody — “he shall be released on bail”.
A Magistrate taking cognizance decides a warrant should issue first
The Magistrate “shall issue a bailable warrant in conformity with the direction of the Court”.
The bond amount “shall not be excessive” (s. 484(1)). A High Court or Court of Session may direct that a person released on bail under Chapter XXXV be arrested and committed to custody (s. 483(3)).
Where anticipatory bail is not available: section 482(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.” The bar is to the section, not to bail: an ordinary application under section 483 remains, and for these same two provisions that section adds two requirements. Before granting bail, the High Court or Court of Session must give the Public Prosecutor notice of the application “within a period of fifteen days from the date of receipt of the notice of such application” (s. 483(1), second proviso), and the presence of the informant or a person they authorise is “obligatory” at the hearing (s. 483(2)).
| Provision | Heading or scope | Section 482 |
|---|---|---|
| BNS 65 | Punishment for rape in certain cases — a woman under sixteen, or under twelve | Not available |
| BNS 70(2) | Gang rape of a woman under eighteen | Not available |
BNSS s. 482(4); BNS ss. 65(1), 65(2) and 70(2). Section 65 is excluded as a whole.
What changed from section 438 CrPC, and what we can confirm
The Government’s corresponding-section table lists CrPC 438, “Direction for grant of bail to person apprehending arrest”, as BNSS 482 under the same heading, and does not mark the row as changed. On the rows where that table does record a change, it says so inline — section 35 and section 173 both carry the marker. Its absence here is good evidence the provision came across largely as it was, but not proof of identical words.
We could not fetch the text of the repealed Code from a primary source: India Code no longer serves the CrPC, and the legislative department’s copy refused connections. So this page does not describe what section 438 said, or claim that any clause was added or dropped. Several commentaries publish clause-by-clause differences; we have not been able to check them against the Code itself.
An order made under the CrPC and in force immediately before the BNSS commenced is deemed to have been made under the corresponding provision of the Sanhita (BNSS s. 531(2)(b)). An application already pending on that date continues under the CrPC (s. 531(2)(a)).
More questions about this page
What is section 438 CrPC called in BNSS?▼
Can a Magistrate grant anticipatory bail under BNSS?▼
Is anticipatory bail needed for a bailable offence?▼
What conditions can be imposed with anticipatory bail under BNSS 482?▼
Is anticipatory bail available in rape cases under BNS?▼
Does anticipatory bail granted under CrPC 438 still hold after BNSS?▼
Official sources checked
The statutes, rules and regulator pages the statements on this page were checked against.
- Read 13 September 2026. Section 482 quoted in full from the enacted text, including sub-section (4); s. 480(3) for the conditions clause (iv) imports.
- The two provisions named in s. 482(4) and in the provisos to s. 483(1).
- CrPC 438 → BNSS 482, listed without a change marker.
What to do next
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Last reviewed September 2026.