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Anticipatory bail is a protective order granted by the High Court or Court of Session under Section 482 of the Bharatiya Nagarik Suraksha Sanhita 2023, which replaced Section 438 of the erstwhile CrPC. It is sought when a person has reason to believe that he or she may be arrested on accusation of a non-bailable offence. The Supreme Court in Sushila Aggarwal v. State (NCT of Delhi), (2020) 5 SCC 1, held that anticipatory bail is not automatically time-limited and may extend through investigation, trial, or beyond.
Statutory reference
Section 482 BNSS 2023
Related practice areas
Pre-arrest order under Section 482 BNSS (formerly Section 438 CrPC) directing that, in the event of arrest of the applicant on accusation of having committed a non-bailable offence, he or she shall be released on bail.
Anticipatory Bail is governed by Section 482 BNSS 2023. Anticipatory bail is a protective order granted by the High Court or Court of Session under Section 482 of the Bharatiya Nagarik Suraksha Sanhita 2023, which replaced Section 438 of the erstwhile CrPC. It is sought when a person has reason to believe that he or she may be arrested on accusation of a non-bailable offence. The Supreme Court in Sushila Aggarwal v. State (NCT of Delhi), (2020) 5 SCC 1, held that anticipatory bail is not automatically time-limited and may extend through investigation, trial, or beyond.
Anticipatory Bail falls under Criminal Law, CBI Cases, ED Cases. NyaySevak matches you with a Bar-Council-verified advocate in the relevant practice area — the first consultation is free.