Under which law is anticipatory bail granted in India?

Answer By law4u team

Anticipatory bail in India is granted under Section 482 of the Bharatiya Nagarik Suraksha Sanhita. Earlier, anticipatory bail was provided under Section 438 of the Code of Criminal Procedure, 1973. Meaning of anticipatory bail: Anticipatory bail is a pre-arrest legal protection granted by the Sessions Court or High Court. A person who fears arrest in a non-bailable offence can apply for anticipatory bail. Important points: It is generally available only in non-bailable offences. Court considers factors like: Nature of accusation Criminal history Possibility of absconding Whether accusation appears malicious Court may impose conditions such as: Cooperating with investigation Not threatening witnesses Not leaving India without permission Courts having power to grant anticipatory bail: Sessions Court High Court Anticipatory bail can be cancelled if conditions are violated or misuse is proved.

Answer By Ayantika Mondal

Dear Client, In India the provision of anticipatory bail is governed by the procedural law of Bhartiya Nagarik Suraksha Sahita, 2023 Section 482. This statue completely replaced the older traditional framework of Section 438 of Code of Criminal Procedure. Under section 482 of BNNS if you have a justifiable fear that you might get arrested for a cognizable, non bailable offense arising out of a malicious prosecution then you have a right to apply for the protection of anticipatory. The law allows you to file this application directly before the Court of Session or the state High Court. When the court reviews your application under this section it reviews the severity of the alleged offense and your own background. If the court is satisfied, the judge issues a binding order directing that in the event the police attempt to arrest you they must release you immediately on bail and this is what the provision of anticipatory bail is. I hope this answer helps, if you have any further query kindly do not hesitate to contact us. Thankyou