What anticipatory bail does
Section 482 of the BNSS (earlier Section 438 of the CrPC) lets a person who has reason to believe they may be arrested for a non-bailable offence ask the court for a direction that, if arrested, they will be released on bail. It can be sought even before an FIR is registered, if the fear of arrest is real and specific. The Supreme Court has held that such protection does not have to be limited to a fixed period.
Which court to approach
Both the Sessions Court and the Delhi High Court have the power. In Delhi, the usual first step is the Sessions Court at the district where the FIR is registered, such as Dwarka Courts for the Dwarka district. If the Sessions Court refuses, the application goes to the Delhi High Court.
How the matter usually moves
- The application is filed with the FIR or complaint details and the grounds.
- The court issues notice to the State and calls for a report from the investigating officer.
- In suitable cases, the court gives interim protection from arrest until the next date, often with a direction to join the investigation.
- After the reply, the court decides the application.
Usual conditions
- Joining the investigation when called.
- Not contacting or threatening witnesses or the complainant.
- Not leaving India without the court's permission.
- Keeping the phone number and address shared with the investigating officer.
Anticipatory bail is not available for some offences, including rape of a girl under sixteen and gang rape of a girl under eighteen (Section 482(4) BNSS), and is barred under the SC/ST (Prevention of Atrocities) Act except where no case is made out.
Common situations
- Matrimonial disputes where a complaint has been filed against the husband's family.
- Cheating and cheque-related disputes that have turned into FIRs.
- Cyber fraud FIRs where your bank account or SIM has been named.
- A notice under Section 35 BNSS asking you to appear before the police.