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Which court has the power to grant anticipatory bail?

Which court has the power to grant anticipatory bail?

12-Jun-2026

Anticipatory Bail

Answer By law4u team

Under the Bharatiya Nagarik Suraksha Sanhita, the following courts have power to grant anticipatory bail: Sessions Court High Court A person who apprehends arrest in a non-bailable offence may apply for anticipatory bail before these courts. Important points: Anticipatory bail is a pre-arrest legal protection. Court considers: Nature and seriousness of accusation Criminal history of applicant Possibility of absconding Whether accusation appears false or motivated Court may impose conditions such as: Cooperating with investigation Appearing before police when required Not threatening witnesses Not leaving India without permission If anticipatory bail is rejected by the Sessions Court, the applicant may approach the High Court.

Answer By Ruchi Kashyap

under the bnss has the power of court but first of all session court and high court because apply the session court are rejected the anticipatory bail and this apply high court anticipatory bail.

Answer By Ajay Chandrakant Vanjara

Under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the power to grant anticipatory bail is vested in: The Court of Session, and The High Court. Provision The relevant provision is: Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 A person can apply if: He has reason to believe that he may be arrested; The apprehended arrest relates to a non-bailable offence. The application can be filed before: The Court of Session, or The High Court. The court may grant anticipatory bail if it considers it appropriate. Factors considered by the Court While deciding the application, the court considers factors such as: Nature and gravity of the accusation; Antecedents of the applicant, including previous convictions; Whether the applicant is likely to abscond or flee from justice; Whether the accusation appears to have been made to injure or humiliate the applicant. These factors guide the court's discretion. Section 482(2): Conditions that may be imposed If anticipatory bail is granted, the court may impose conditions such as: The applicant shall make himself available for police interrogation whenever required; He shall not directly or indirectly induce, threaten, or promise any witness; He shall not leave India without prior permission of the court; Any other condition considered necessary in the interests of justice. Violation of these conditions may result in cancellation of bail.

Answer By Anik

Dear Client, Under the Bhartiya Nagarik Suraksha Sahita BNSS 2023 the power to grant anticipatory bail is vested in both the High Court of the respective state and the Court of Session. These two forums possess concurrent jurisdiction under section 482 of the BNSS which means that an applicant has the legal right to approach either of the court for making an application of anticipatory bail. While there is a common judicial convention often referred to as Sessions court first suggesting that an applicant should ordinarily approach the Court of Session before the High Court. The Supreme Court has clarified that this is not a strict mandatory rule an applicant may move to the High Court directly if there are special circumstances or urgent reasons that justify the bypassing of the Sessions Court. Regardless of which court an applicant approaches, the application must be filed within the territorial jurisdiction where the offense is alleged to have been committed once an application is filed the court exercises its discretion to grant modify or reject the anticipatory bail based on the facts and circumstances of the case ensuring that the power is used to prevent the misuse of legal process while still allowing for a free and fair investigation by the investigating authorities. I hope this answer helps, if you have any further query kindly do not hesitate to contact us. Thankyou