Section 482 of BNSS: Direction for grant of bail to person apprehending arrest
Summary of Section 482 – Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)
This section deals with anticipatory bail, allowing a person who fears arrest for a non-bailable offence to apply to the High Court or Sessions Court for bail in advance. If the court finds it appropriate, it may direct that the person be released on bail if arrested.
Key Provisions:
- Application for Anticipatory Bail: A person expecting arrest for a non-bailable offence can apply to the High Court or Sessions Court.
- Conditions Imposed by the Court: The court may impose conditions, such as:
- Making oneself available for police interrogation.
- Not influencing witnesses.
- Not leaving India without prior permission.
- Any other condition deemed necessary.
- Procedure Post-Arrest:
- If the person is arrested, they must be released on bail if they fulfill the conditions set by the court.
- If a Magistrate issues a warrant, it must be a bailable warrant in accordance with the High Court or Sessions Court’s direction.
- Exceptions: The provision does not apply to cases under Section 65 and Section 70(2) of the BNSS, 2023 (likely related to serious offences).
Distinction Between Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 and Section 438 of the Criminal Procedure Code (CrPC), 1973
Both sections deal with anticipatory bail, but there are key differences in their scope and applicability.
| Aspect | Section 482 (BNSS, 2023) | Section 438 (CrPC, 1973) |
|---|---|---|
| Purpose | Grants anticipatory bail to a person fearing arrest for a non-bailable offence. | Grants anticipatory bail for non-bailable offences under the older legal framework. |
| Applicability | Part of the new legal framework (BNSS, 2023), replacing CrPC. | Part of the Criminal Procedure Code, 1973. Notice to Public Prosecutor |
| Court’s Role | High Court or Sessions Court can grant bail in anticipation of arrest and impose necessary conditions. | High Court or Sessions Court can grant anticipatory bail, similar to BNSS. |
| Conditions Imposed | The court may impose conditions such as: 1. Making oneself available for interrogation. 2. Not tampering with witnesses. 3. Not leaving India without permission. 4. Any other conditions as per the case. | The conditions are similar, but the language and structure in CrPC differ slightly. On rejection of Bail , Police may arrest the Applicant |
| Exception | Not applicable for offences under Section 65 and Section 70(2) of BNSS, 2023. | No specific exclusions mentioned in CrPC, 1973—applies generally to non-bailable offences. |
| Legal Status | New law replacing CrPC—applicable from July 1, 2024. | Old law that will be replaced by BNNS, 2023. |
Key Takeaway:
- Section 482 of BNSS, 2023 is the modernized version of Section 438 of CrPC, 1973 with a similar function but updated provisions.
- The main difference is that BNSS explicitly excludes certain offences (Section 65 and 70(2)), while CrPC did not have such exclusions.
Section 482 of BNSS The Bharatiya Nagarik Suraksha Sanhita, 2023
(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.
Note:
Dhanraj Aswani v. Amar S. Mulchandani & Anr., where the Supreme Court held that an individual already in custody for one offense is not precluded from seeking anticipatory bail concerning a different offense. The Court emphasized that the right to anticipatory bail is preserved under the new legal framework of the BNS, 2023.
