The number changed on 1 July 2024
For decades anticipatory bail was Section 438 of the Code of Criminal Procedure, 1973. Since 1 July 2024 the CrPC has been replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), and the provision is now Section 482 BNSS.
This is worth stating plainly because the renumbering is a genuine trap. "Section 482" under the old Code meant something completely different — the High Court's inherent power to quash proceedings, which is now Section 528 BNSS. So a document referring to "Section 482" could mean either anticipatory bail or quashing depending on which law it was written under. Check the date and the statute, not just the number.
Heads up on the phrase itself. Section 482 is titled "Direction for grant of bail to person apprehending arrest". The words "anticipatory bail" do not appear anywhere in it. If you are searching a bare statute for that phrase, you will not find it.
What the section actually gives you
Section 482(1): where a 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, and that court may, if it thinks fit, direct that in the event of such arrest he shall be released on bail.
Three things follow from the wording.
- It is for non-bailable offences. For a bailable offence bail is available as of right on arrest, and this application is unnecessary.
- Only two courts can grant it. The High Court or the Court of Session. A Magistrate cannot.
- It is discretionary. The court may, if it thinks fit. There is no entitlement, and the quality of what you put on record matters.
The two offences it cannot cover
Section 482(4) excludes the section entirely for an accusation of having committed an offence under:
- Section 65 BNS — rape of a woman under sixteen years of age; and
- Section 70(2) BNS — gang rape of a woman under eighteen years of age.
For those accusations there is no anticipatory bail under this section at all. This is a bar on the provision, not a matter of discretion, so no amount of argument brings it back.
Conditions the court may impose
Section 482(2) allows the court to attach conditions in the light of the facts, and sets out four:
| Condition | What it means in practice |
|---|---|
| Availability for interrogation | You must present yourself to the investigating officer as and when required |
| No inducement, threat or promise | You must not approach anyone acquainted with the facts to dissuade them from disclosing facts to the court or police |
| No leaving India without permission | Travel abroad needs the court's prior leave — plan around this if you work overseas |
| Any condition under Section 480(3) | The ordinary bail conditions provision is imported |
Assume the first condition will be imposed. Breaching a condition is a route to the bail being cancelled, so read the order carefully before you leave court with it, and diary anything it requires you to do.
What the order does when the arrest happens
This is the part people misunderstand, so it is worth quoting closely.
Section 482(3): if the person is thereafter arrested without warrant by an officer in charge of a police station on that 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 the offence decides a warrant should issue in the first instance, the Magistrate shall issue a bailable warrant conforming to the court's direction.
Two practical consequences:
- An anticipatory bail order is not a shield against being arrested. It is a direction that on arrest you must be released on bail. The police may still come; what changes is what happens next.
- The duty to release arises when you are prepared to give bail. Carry a certified copy of the order, keep a copy on your phone, tell your family where it is, and have your surety reachable. An order nobody can produce at 11 p.m. is of limited use.
Where to file: Sessions or High Court
Section 482(1) names both. There is no statutory order of preference, but there is a practical one: an application to the Court of Session leaves the High Court open if it fails, whereas starting at the High Court gives up that second opportunity. Where the matter is urgent or the Sessions Court is unavailable, the High Court is the forum.
Note that Section 483 separately gives the High Court and the Court of Session special powers regarding bail for a person already in custody, with a proviso requiring notice to the Public Prosecutor before bail in the more serious categories. Section 482 is for before the arrest; Section 483 is for after.
Related and worth knowing
Arrest is not automatic even where an FIR exists. Section 35(3) BNSS requires the police to issue a notice to appear where arrest is not required. If you have received a notice rather than been arrested, comply with it, and take legal advice on whether an anticipatory bail application is needed at all — an unnecessary application can itself create a record.
See also our guide on how to file an FIR for what precedes all of this, and our explainer on the eleven arrest requirements in D. K. Basu for what the police must do if an arrest is made.
Section text is in our legal codes reference. If you cannot afford a lawyer, the District Legal Services Authority in your district provides free legal aid under the NALSA framework, including in criminal matters.