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CHAPTER XXXV PROVISIONS AS TO BAIL AND BONDS

Section 482: Direction for grant of bail to person apprehending arrest

The Bharatiya Nagarik Suraksha Sanhita, 2023

(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.

Corresponding CrPC provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

Leading cases

Questions on this section

9 questions in 17 of our papers cite Section 482. Try these from the free papers:

  1. 1. In Gurbaksh Singh Sibbia v. State of Punjab (1980), a Constitution Bench of the Supreme Court held on anticipatory bail under Section 438 CrPC (now Section 482 BNSS) that

  2. 2. In Sushila Aggarwal v. State (NCT of Delhi) (2020), a Constitution Bench of the Supreme Court considered the duration of protection granted under Section 438 CrPC (now Section 482 BNSS). It held that such protection:

  3. 3. Section 482(4) of the BNSS excludes the application of the anticipatory bail provision to any case involving the arrest of a person on an accusation of having committed an offence under which provisions of the Bharatiya Nyaya Sanhita, 2023?

Practise questions on Bharatiya Nagarik Suraksha Sanhita