anticipatory bail

A person who apprehends arrest for a non-bailable offence may apply to the High Court or Court of Session for a direction that, in the event of arrest, he be released on bail. The provision was introduced in 1973 to protect people from arrest in false or motivated cases.

In Gurbaksh Singh Sibbia (1980) the Constitution Bench held that the power should not be read down by courts and is part of personal liberty under Article 21; a reasonable apprehension, not a mere fear, is needed. In 2020 another Constitution Bench held that anticipatory bail need not be limited in time and may continue till the end of the trial. By s.482(4) BNSS it is not available for certain rape offences against girls below eighteen.

Example

Fearing arrest in his business rival's cheating complaint, the trader applied to the Sessions Court for anticipatory bail under s.482 BNSS.

In Indian law

• Section 482, Bharatiya Nagarik Suraksha Sanhita, 2023 (old s.438 CrPC)
• Gurbaksh Singh Sibbia v. State of Punjab, 1980 INSC 68
• Sushila Aggarwal v. State (NCT of Delhi), 2020 INSC 106: anticipatory bail need not be limited in time

See also

bail · arrest · non-bailable offence · right to life and personal liberty

Read more in the study notes

• Bail, anticipatory bail and bonds (Bharatiya Nagarik Suraksha Sanhita)
• Bail applications: regular, default and anticipatory bail under the BNSS (Drafting, Pleading and Conveyance)
• Criminal procedure: meaning, background and salient features of the BNSS (Bharatiya Nagarik Suraksha Sanhita)
• Caste, untouchability and protective discrimination (Law and Social Transformation in India)
• Customs law: restrictions on imports and exports, duty drawback, customs authorities, search, seizure and arrest, and SEZ units (Law of Taxation)
• Offences against Scheduled Castes and Scheduled Tribes: untouchability, the PCR Act and the Atrocities Act (White Collar Crimes)