CrPC Section 438
Anticipatory bail
BNSS Section 482— Direction for grant of bail to person apprehending arrest.
Effective for any FIR, charge sheet, or filing on or after 1 July 2024. Matters that arose before that date continue under the CrPC.
A person apprehending arrest for a non-bailable offence may apply to the High Court or Court of Session for anticipatory bail; the court may grant a direction that upon arrest the person be released on bail with such conditions as it thinks fit. If the person is thereafter arrested without warrant, they shall be released on bail if ready to furnish it; a Magistrate issuing a warrant in such a case must issue a bailable warrant in conformity with the court's direction. This section does not apply to offences under section 65 and section 70(2) of the Bharatiya Nyaya Sanhita, 2023.
For the full text of the new section, see the linked BNSS page above. For the binding statutory text, refer to the India Code or the Gazette of India. This reference is informational, not legal advice.