Anticipatory Bail Application Format under Section 482 BNSS for Sessions Court

This page provides an updated sample format and drafting guide for an anticipatory bail application before the Court of Session under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Updated: September 8, 2026

Current law: Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is the present central provision for anticipatory bail. It corresponds broadly to former Section 438 of the Code of Criminal Procedure, 1973. The BNSS came into force on July 1, 2024.
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What is anticipatory bail under Section 482 BNSS?

Section 482 is titled "Direction for grant of bail to person apprehending arrest." It applies when a person has reason to believe that he or she may be arrested on an accusation of having committed a non-bailable offence. Such person may apply to the High Court or the Court of Session for a direction that, in the event of arrest, he or she shall be released on bail.

In practical terms, anticipatory bail is a pre-arrest protective order. It does not amount to acquittal and does not terminate the investigation. It protects the applicant from being detained in custody in the event of arrest, subject to the terms of the order and the conditions imposed by the Court.

Definitions relevant to bail under the BNSS

Provision Meaning
Section 2(1)(b), BNSS "Bail" means release of a person accused of or suspected of commission of an offence from the custody of law upon conditions imposed by an officer or Court, on execution of a bond or bail bond.
Section 2(1)(c), BNSS A "bailable offence" is an offence shown as bailable in the First Schedule or made bailable by another law; a "non-bailable offence" is any other offence.
Section 2(1)(d), BNSS A "bail bond" is an undertaking for release with surety.
Section 2(1)(e), BNSS A "bond" is a personal bond or undertaking for release without surety.

Conditions the Court may impose under Section 482(2) BNSS

When granting anticipatory bail, the High Court or Court of Session may impose conditions suited to the facts of the case. Section 482(2) specifically contemplates conditions including:

  • making the applicant available for interrogation by a police officer as and when required;
  • not directly or indirectly inducing, threatening or promising any person acquainted with the facts of the case so as to dissuade that person from disclosing facts to the Court or police;
  • not leaving India without the previous permission of the Court; and
  • such other conditions as may be imposed with reference to Section 480(3) of the BNSS.
Statutory restriction: Section 482(4) contains a bar relating to accusations under Section 65 and Section 70(2) of the Bharatiya Nyaya Sanhita, 2023. The maintainability of an anticipatory bail application must therefore be checked against the offences actually alleged and any applicable special statute or State amendment.

Section 482 BNSS or Section 438 CrPC: which provision applies?

The BNSS repealed the Code of Criminal Procedure, 1973. However, Section 531 of the BNSS contains a savings provision. If an appeal, application, trial, inquiry or investigation was already pending immediately before July 1, 2024, it is to continue under the CrPC as it stood before commencement of the BNSS.

Accordingly, a present-day anticipatory bail application connected with a proceeding governed by the BNSS will ordinarily cite Section 482 BNSS. A matter preserved by Section 531 may continue to be governed by Section 438 CrPC. The procedural provision should be selected after checking the date and procedural status of the underlying case.

Sample anticipatory bail application before the Sessions Court

The following is a general drafting model. Replace the bracketed instructions with facts applicable to the particular case. Grounds stating that allegations are false, civil in nature, or that custodial interrogation is unnecessary should be included only where factually supportable.

Before the Court of the District and Sessions Judge at [District]

Anticipatory Bail Application No. _____ of 20__

In the matter of:

[Name of Applicant]
S/o, D/o or W/o [Name]
R/o [Full Address]
...Applicant/Accused

Versus

State of [State]
...Respondent

FIR No.: [FIR number and year]

Police Station: [Name of police station]

Offences: [Mention applicable BNS or other statutory sections]

Application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of anticipatory bail

Most respectfully submitted:

  1. That the applicant apprehends arrest in connection with FIR No. [number] dated [date], registered at Police Station [name] for the alleged offences under Sections [sections].
  2. That the allegations against the applicant are [briefly state the prosecution allegation and the applicant's response].
  3. That the applicant has been falsely implicated / has a bona fide defence because [state specific factual grounds, if applicable].
  4. That the dispute is substantially [civil, commercial, matrimonial or other nature], if such a submission is supported by the record, and the relevant facts are [brief particulars].
  5. That custodial interrogation of the applicant is not required because [state concrete reasons, such as documents already being available, willingness to cooperate, no recovery required, or other case-specific grounds].
  6. That the applicant has [no criminal antecedents / disclose any antecedents accurately and explain them].
  7. That the applicant is a permanent resident of [place], has roots in society and there is no likelihood of absconding or evading the process of law.
  8. That the applicant undertakes to join and cooperate with the investigation and to appear before the Investigating Officer or Court whenever lawfully required.
  9. That the applicant undertakes not to directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case.
  10. That the applicant shall not tamper with evidence or influence witnesses.
  11. That the applicant shall not leave India without previous permission of the Court, if such a condition is imposed.
  12. That the applicant is ready and willing to comply with all lawful conditions imposed by this Hon'ble Court.
  13. That [state whether any earlier anticipatory bail application has been filed before any Court and disclose the result. If none, state so accurately].

Prayer

In view of the facts and circumstances stated above, it is most respectfully prayed that this Hon'ble Court may be pleased to direct that, in the event of arrest of the applicant in FIR No. [number] registered at Police Station [name], the applicant be released on bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on such terms and conditions as this Hon'ble Court may deem fit and proper.

It is further prayed that this Hon'ble Court may pass any other or further order deemed just and proper in the facts and circumstances of the case.

Place: [Place]
Date: [Date]

Applicant

Through Counsel
[Name and enrollment details, where required]

Important points for filing an anticipatory bail application

  • Use the correct provision: Section 482 BNSS for matters governed by the BNSS, subject to Section 531 savings and any special law or State-specific provision.
  • Identify the FIR, police station, date of FIR and all penal sections accurately.
  • State the specific reason for apprehension of arrest and the factual basis for seeking pre-arrest protection.
  • Disclose earlier bail or anticipatory bail proceedings, if any, and attach the relevant orders where required.
  • Do not make a blanket statement of "false implication" unless the application explains the supporting facts.
  • Address the need, or lack of need, for custodial interrogation with case-specific facts.
  • Disclose criminal antecedents accurately. Suppression of material facts can seriously prejudice the application.
  • Include an undertaking to cooperate with investigation and to comply with conditions imposed by the Court.
  • Check the applicable High Court rules, Sessions Court filing rules, local practice, court-fee requirements and e-filing requirements before filing.

Documents generally filed with an anticipatory bail application

The exact filing requirements differ between States and Courts. Depending on local rules and the facts of the case, the filing set commonly includes:

  • anticipatory bail application signed as required by applicable filing rules;
  • Vakalatnama or authority in favour of counsel;
  • copy of the FIR, complaint or other material showing the accusation, where available;
  • affidavit in support of the application where required;
  • copies of relevant documents relied upon by the applicant;
  • copies of previous bail applications and orders, if any;
  • identity or address documents if required by local filing practice; and
  • prescribed court fee and other filing forms, where applicable.

Related legal formats

Anticipatory bail application before the High Court - format and documents

Regular bail application before Magistrate - format and documents

Regular bail application before Sessions Court - format and documents

More legal formats

Disclaimer: This is a general drafting format for informational use. Bail applications must be adapted to the FIR, applicable penal provisions, special statutes, local amendments, court rules and the facts of the particular case.