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Quick Answer
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
The application is filed before the Sessions Court of the district where the FIR is registered, or directly before the High Court — both have concurrent jurisdiction, and convention is to try the Sessions Court first. A well-drafted petition attaches the FIR (or pleads the basis of apprehension where none is traceable) and asks for interim protection on the very first date, which courts frequently grant while the police file a status report. Standard conditions on grant: join the investigation whenever called, do not contact witnesses or tamper with evidence, and do not leave India without the court's permission. Breach of conditions invites cancellation, so compliance is what keeps the protection alive. For offences punishable up to seven years, the Section 35(3) BNSS notice regime (the old Section 41A CrPC) and the Arnesh Kumar safeguards are argued alongside — if arrest is not necessary at all, protection follows more easily.
Worked example
A Delhi businessman learns that his estranged business partner has filed an FIR alleging cheating and criminal breach of trust over a failed venture. Fearing arrest, he moves the Sessions Court at Saket under Section 482 BNSS within two days. The court grants interim protection on the first hearing and, after the police status report shows the dispute is documented in contracts and ledgers, confirms anticipatory bail with conditions to join the investigation and not leave India. He is questioned twice, never arrested, and the parallel civil settlement eventually leads to the FIR being quashed by the High Court.
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 — your first step is a free case assessment with no obligation.
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