Section 482 BNSS: Direction for Grant of Bail to a Person Apprehending Arrest
Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with anticipatory bail. It enables a person who has reason to believe that he or she may be arrested for a non-bailable offence to approach the High Court or the Court of Session for a direction that, in the event of arrest, the person be released on bail.
Updated: 12 September 2026
What is Section 482 of the BNSS?
Section 482 provides a remedy commonly known as anticipatory bail. It applies where a person has reason to believe that arrest may take place on an accusation of a non-bailable offence. Instead of waiting to be arrested and then seeking regular bail, the person may apply in advance to the High Court or the Court of Session.
The power is discretionary. The section states that the court may, if it thinks fit, direct that the applicant be released on bail in the event of arrest. The court therefore considers the facts and circumstances of the particular case before granting or refusing the relief.
The Bharatiya Nagarik Suraksha Sanhita, 2023 came into force on 1 July 2024, subject to the commencement notification issued by the Central Government.
Section 482 BNSS - Statutory Provision
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.
Conditions that may be imposed while granting anticipatory bail
Under Section 482(2), the High Court or Court of Session may tailor conditions to the facts of the case. The section specifically recognises conditions requiring the applicant to:
- remain available for police interrogation when required;
- avoid directly or indirectly inducing, threatening or promising any person acquainted with the facts of the case;
- not leave India without prior permission of the court; and
- comply with other conditions that may be imposed under Section 480(3) of the BNSS.
These conditions are intended to balance the applicant's liberty with the proper investigation and administration of criminal justice.
What happens if the applicant is arrested after anticipatory bail is granted?
Section 482(3) gives practical effect to the anticipatory-bail direction. If the person is later arrested without warrant on the relevant accusation and is prepared to furnish bail, the person is to be released on bail in accordance with the court's direction.
If a Magistrate taking cognizance decides that a warrant should be issued in the first instance, the Magistrate is required to issue a bailable warrant in conformity with the direction granted under Section 482(1).
When Section 482 anticipatory bail is not available
Section 482(4) creates an express statutory exclusion. The section does not apply to a case involving arrest on an accusation of an offence under:
- Section 65 of the Bharatiya Nyaya Sanhita, 2023 - punishment for rape in certain cases, including rape of a woman under sixteen years and rape of a woman under twelve years; and
- Section 70(2) of the Bharatiya Nyaya Sanhita, 2023 - gang rape where the woman is under eighteen years of age.
Because the exclusion is written directly into Section 482(4), an application under this provision cannot be maintained for the accusations expressly covered by that sub-section.
Who can approach the court under Section 482?
A person who has a reasonable apprehension of arrest for a non-bailable offence may approach either the High Court or the Court of Session. The statutory wording requires a reason to believe that arrest may occur; the remedy is therefore connected to an apprehended arrest on a non-bailable accusation.
Difference between anticipatory bail and regular bail
Anticipatory bail under Section 482 is sought before arrest, on a reasonable apprehension of arrest. Regular bail is ordinarily sought after a person has been arrested or is otherwise in custody. Section 482 is therefore preventive in operation: the court directs that if the contemplated arrest occurs, the person shall be released on bail subject to the direction and conditions imposed.