The enactment of the Bharatiya Nagarik Suraksha Sanhita (BNSS) has reshaped criminal procedure in India. Section 482 of the BNSS (corresponding to Section 438 of the erstwhile CrPC) governs the vital safeguard of Anticipatory Bail.
When Can Anticipatory Bail Be Sought?
An individual who has reasonable apprehension of being arrested on accusation of having committed a non-bailable offense can approach either the Court of Session or the High Court for pre-arrest protection.
Key Factors Considered by the Court
- The gravity and nature of the accusation
- The antecedents and background of the applicant
- The possibility of the applicant fleeing from justice
- Whether the accusation has been made with the object of injuring or humiliating the applicant
At Sidharth Associate, our criminal defense bench routinely secures urgent anticipatory bail before the High Courts and Supreme Court across critical jurisdictions.