Section 482 BNSS: Direction for grant of bail to person apprehending arrest
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 482 BNSS at a Glance
Section 482 BNSS deals with direction for grant of bail to person apprehending arrest. It replaced Section 438 CrPC on 1 July 2024. Popularly called anticipatory bail. The rule is unchanged; Section 482(4) BNSS names Sections 65 and 70(2) BNS where the CrPC named the IPC rape sections.
Section 482 BNSS Bare Act Text
(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.
Source: Section 482, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 482 BNSS in Simple Words
Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 applies to a person who has reason to believe that the person may be arrested on an accusation of having committed a non-bailable offence. That person may apply to the High Court or the Court of Session for a direction under Section 482 BNSS. That Court may, if it thinks fit, direct that in the event of such arrest the person shall be released on bail. In making the direction, the Court may add conditions as it thinks fit, in the light of the facts of the particular case. The conditions may include a requirement to be available for interrogation by a police officer as and when required.
They may include a bar on making any inducement, threat or promise, directly or indirectly, to a person acquainted with the facts of the case. That bar applies where the inducement, threat or promise is made so as to dissuade the one acquainted with the facts from disclosing those facts to the Court or to any police officer. They may include a bar on leaving India without the previous permission of the Court. They may also include any other condition that may be imposed under section 480(3) of the Sanhita, as if the bail were granted under that section. Suppose the person is later arrested without warrant by an officer in charge of a police station on that accusation.
If the person is prepared to give bail, at the time of arrest or at any time while in the custody of that officer, the person shall be released on bail. Suppose a Magistrate taking cognizance of the offence decides that a warrant should be issued in the first instance against the person. The Magistrate shall then issue a bailable warrant in conformity with the direction of the Court under Section 482(1) BNSS. Section 482 BNSS does not apply to a case involving arrest on accusation of an offence under section 65 and section 70(2) of the Bharatiya Nyaya Sanhita, 2023.
When Section 482 BNSS Applies
- 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.
- 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.
- 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.
- 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.
- 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.
Example of Section 482 BNSS
When Section 482 BNSS Does Not Apply
- Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 does not apply to any case involving the arrest of any person on an accusation of having committed an offence under Section 65 and Section 70(2) of the Bharatiya Nyaya Sanhita, 2023.
- A person cannot apply for a direction under Section 482(1) BNSS when the accusation is not of having committed a non-bailable offence or when the person lacks reason to believe that they may be arrested on such an accusation.
- A court other than the High Court or the Court of Session cannot entertain an application for a pre-arrest bail direction under Section 482(1) BNSS.
- Mandatory release on bail by an arresting officer under Section 482(3) BNSS does not apply if the person arrested without warrant is not prepared to give bail either at the time of arrest or while in the custody of that officer.
Section 482 BNSS in the CrPC (Previous Law)
Section 482 BNSS replaced Section 438 CrPC from 1 July 2024.
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.
Each sub-section below names its own source.
FAQs on Section 482 BNSS
Who can apply for a direction for release on bail under Section 482 BNSS and before which court?▼
Any person who has reason to believe that they may be arrested on an accusation of having committed a non-bailable offence may apply under Section 482(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The application may be made to the High Court or the Court of Session. That Court may, if it thinks fit, direct that in the event of such arrest the person shall be released on bail, unless the accusation is excluded by Section 482(4) BNSS.
What conditions may the court attach to a pre-arrest bail direction under Section 482(2) BNSS?▼
The High Court or the Court of Session may include such conditions as it may think fit in the light of the facts of the particular case under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. These include requiring the person to remain available for police interrogation as and when required, not to make any inducement, threat or promise to persons acquainted with the facts, not to leave India without prior court permission, and any condition under Section 480(3) BNSS.
What is the effect of a direction under Section 482 BNSS when a police officer arrests without warrant or a Magistrate issues a warrant?▼
If an officer in charge of a police station thereafter arrests the person without warrant on that accusation, the person shall be released on bail if prepared to give bail at arrest or while in custody under Section 482(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023. If a Magistrate taking cognizance of the offence decides to issue a warrant in the first instance, the Magistrate shall issue a bailable warrant in conformity with the direction under Section 482(1) BNSS.
In which cases does Section 482 BNSS not apply?▼
Section 482(4) of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides that nothing in Section 482 BNSS shall apply to any case involving the arrest of any person on an accusation of having committed an offence under Section 65 and Section 70(2) of the Bharatiya Nyaya Sanhita, 2023. Where the accusation involves an offence specified in Section 482(4) BNSS, neither the High Court nor the Court of Session can issue a direction for release on bail under Section 482 BNSS.
What changed in Section 482 BNSS from 1 July 2024 compared to the Code of Criminal Procedure, 1973?▼
From 1 July 2024, Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 438 of the Code of Criminal Procedure, 1973 while keeping the procedure in Section 482(1), Section 482(2), and Section 482(3) BNSS unchanged. The changes update statutory cross-references: Section 482(2)(iv) BNSS refers to bail conditions under Section 480(3) BNSS, and Section 482(4) BNSS bars application in cases involving an accusation under Section 65 and Section 70(2) of the Bharatiya Nyaya Sanhita, 2023 instead of the earlier Indian Penal Code references.
Section 482 BNSS: Sub-sections Explained
Section 482(1) BNSS: Direction for grant of bail to person apprehending arrest
▶
Bare Act Text
(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.
Section 482(2) BNSS: Direction for grant of bail to person apprehending arrest
▶
Bare Act Text
(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.
Section 482(3) BNSS: Direction for grant of bail to person apprehending arrest
▶
Bare Act Text
(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).
Section 482(4) BNSS: Direction for grant of bail to person apprehending arrest
▶
Bare Act Text
(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.
Have questions about Section 482 BNSS?
Ask NyayGuru for a plain language explanation, or how it applies to your situation.
Ask NyayGuru →Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.
Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 27 Oct 2026 ·