CrPC 438→BNSS 482

CrPC 438 to BNSS 482: Direction for grant of bail to person apprehending arrest

Section 438 CrPC (1973) replaced by Section 482 BNSS (2023)

View CrPC Section 438 →View BNSS Section 482 →

CrPC 438 to BNSS 482 at a Glance

Section 438 CrPC (Direction for grant of bail to person apprehending arrest) is now Section 482 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 438 to BNSS 482?

Section 438 of the Code of Criminal Procedure, 1973 became Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024, with no new sub-sections added. The rule in Section 482(1) BNSS, Section 482(2)(i) BNSS to Section 482(2)(iii) BNSS, and Section 482(3) BNSS is unchanged. Replacing Section 437(3) CrPC with Section 480(3) BNSS in Section 482(2)(iv) BNSS is a change of form. Section 482(4) BNSS replaces the Indian Penal Code references to Section 376(3), Section 376AB, Section 376DA, or Section 376DB with Section 65 and Section 70(2) of the Bharatiya Nyaya Sanhita, 2023.

CrPC 438 vs BNSS 482: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section438482
HeadingDirection for grant of bail to person apprehending arrestSame
Sub-sections4 sub-sectionsSame
Cross-referencess.437s.480

CrPC 438 and BNSS 482: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 438, CrPC 1973

438. Direction for grant of bail to person apprehending arrest.—(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 437, 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 sub-section (3) of section 376 or section 376AB or section 376DA or section 376DB of the Indian Penal Code (45 of 1860).
BNSS 2023 (in force)

Section 482, BNSS 2023

482. Direction for grant of bail to person apprehending arrest.—(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.

When It Applies: CrPC 438 vs BNSS 482

Under CrPC 438
  1. Any person who has reason to believe that they may be arrested on an accusation of having committed a non-bailable offence may apply to the High Court or the Court of Session for a pre-arrest bail direction under Section 438(1) of the Code of Criminal Procedure, 1973.
  2. Upon receiving the application, the High Court or the Court of Session may, if it thinks fit, direct that in the event of such arrest the applicant shall be released on bail.
  3. When making a direction under Section 438(1) CrPC, the High Court or the Court of Session may, as it may think fit in the light of the facts of the particular case, attach conditions requiring the person to be available for police interrogation, not make any inducement, threat or promise to persons acquainted with the facts, not leave India without prior court permission, or obey any condition permitted under Section 437(3) CrPC.
  4. If an officer in charge of a police station subsequently arrests that person without warrant on the same accusation under Section 438(3) CrPC, the person shall be released on bail if prepared to give bail at the time of arrest or at any time while in the custody of that officer.
  5. If a Magistrate taking cognizance of the offence decides that a warrant should be issued in the first instance against the protected person, the Magistrate shall issue a bailable warrant in conformity with the court direction under Section 438(1) CrPC.
Under BNSS 482
  1. Any person who has reason to believe that they may be arrested on an accusation of having committed a non-bailable offence may apply to the High Court or the Court of Session for a direction under Section 482(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
  2. On such an application, the High Court or the Court of Session may, if it thinks fit, direct that in the event of such arrest the person shall be released on bail.
  3. When making a direction under Section 482(1) BNSS, the High Court or the Court of Session may, as it may think fit in the light of the facts of the particular case, include conditions requiring the person to remain available for police interrogation, not make any inducement, threat or promise to persons acquainted with the facts, not leave India without prior court permission, or comply with conditions under Section 480(3) BNSS.
  4. If an officer in charge of a police station thereafter arrests the person without warrant on that accusation under Section 482(3) BNSS, the person shall be released on bail if prepared to give bail either at the time of arrest or at any time while in the custody of that officer.
  5. If a Magistrate taking cognizance of that offence decides that a warrant should be issued in the first instance against that person, the Magistrate shall issue a bailable warrant in conformity with the court direction under Section 482(1) BNSS.

What CrPC 438 to BNSS 482 Means in Practice

The procedure for applying for, granting, and carrying out a pre-arrest bail direction under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 remains unchanged from Section 438 of the Code of Criminal Procedure, 1973. The High Court and the Court of Session exercise the same powers and impose the same conditions, while proceedings from 1 July 2024 apply the updated references to Section 480(3) BNSS and to Section 65 and Section 70(2) of the Bharatiya Nyaya Sanhita, 2023.

FAQs: CrPC 438 to BNSS 482

Did Section 482 BNSS change the courts or legal test for a pre-arrest bail direction compared to Section 438 CrPC?▼

No. The legal test and jurisdiction in Section 482(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 are identical to Section 438(1) of the Code of Criminal Procedure, 1973. Any person who has reason to believe that they may be arrested on an accusation of having committed a non-bailable offence may apply to the High Court or the Court of Session, and that Court may, if it thinks fit, direct that in the event of such arrest the person shall be released on bail.

How do the bail conditions in Section 482(2) BNSS compare with Section 438(2) CrPC?▼

The conditions in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 are identical to Section 438(2) of the Code of Criminal Procedure, 1973, except for a change of form in Section 482(2)(iv) BNSS. Both allow conditions regarding police interrogation, not making any inducement, threat or promise to persons acquainted with the facts, and not leaving India without prior court permission, while Section 482(2)(iv) BNSS updates the cross-reference from Section 437(3) CrPC to Section 480(3) BNSS.

What changed in the excluded offences under Section 482(4) BNSS compared to Section 438(4) CrPC?▼

Section 438(4) of the Code of Criminal Procedure, 1973 barred application of the provision in cases involving an accusation of an offence under Section 376(3), Section 376AB, Section 376DA, or Section 376DB of the Indian Penal Code. From 1 July 2024, Section 482(4) of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaces those references with an accusation of having committed an offence under Section 65 and Section 70(2) of the Bharatiya Nyaya Sanhita, 2023.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 27 Oct 2026 ·