TL;DR: Anticipatory bail under the Bharatiya Nagarik Suraksha Sanhita, 2023 is now governed by Section 482 (in force from 1 July 2024), which replaces the old CrPC Section 438. Critically, the old CrPC Section 482 dealt with the High Court’s inherent powers, not anticipatory bail, so practitioners must be alert to this renumbering. Courts have broader discretion under BNSS 482, the old guiding factors listed in the statute have been removed, and anticipatory bail can, following the Constitution Bench ruling in Sushila Aggarwal v. State (NCT of Delhi), (2020) 5 SCC 1, last until the end of trial.
On this page
- The renumbering trap every practitioner must know
- What is anticipatory bail and who can apply
- Section 482 BNSS: the statutory text and structure
- Anticipatory bail vs regular bail: a direct comparison
- How to apply: step-by-step procedure
- Conditions courts impose and how to draft around them
- When anticipatory bail is refused
- Leading cases that govern Section 482 BNSS
- What BNSS changed from the old CrPC regime
- How Niyam helps
- Frequently asked questions
- Key takeaways
The renumbering trap every practitioner must know
This is the single most important point for anyone moving from CrPC practice to BNSS practice.
Under the Code of Criminal Procedure, 1973 (CrPC):
- Section 438 = anticipatory bail
- Section 482 = saving of inherent powers of the High Court
Under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), in force from 1 July 2024:
- Section 482 = direction for grant of bail to a person apprehending arrest (anticipatory bail)
- Section 528 = saving of inherent powers of the High Court
The consequence is stark. A lawyer who drafts a petition invoking “Section 482” expecting to file an FIR-quashing application is now invoking the anticipatory bail provision, not inherent powers. Conversely, a practitioner who cites “Section 438 BNSS” is citing a provision that does not exist. Section 438 of the BNSS deals with a different matter entirely within the bail chapter.
The Sikkim High Court addressed this confusion directly when it explained the applicability of CrPC Section 528 versus BNSS Section 482 in post-transition cases (reported in SCC Times, July 2025). Courts have consistently held that if the FIR or the offence predates 1 July 2024, the old CrPC numbering applies; if the FIR or arrest occurs on or after 1 July 2024, BNSS provisions govern.
Practical rule: Whenever you see “Section 482” in a post-July 2024 criminal matter, check first whether the document is discussing anticipatory bail (BNSS context) or inherent powers/FIR quashing (which now lives under Section 528 BNSS). Careless citation can result in the wrong provision being invoked and the petition being returned at the filing stage.
For a broader orientation on how the three new criminal codes restructure the old provisions across BNS, BNSS, and BSA, see our primer on what changed under the new criminal laws.
What is anticipatory bail and who can apply
Anticipatory bail is a direction by a court that, in the event of arrest in a non-bailable offence, the person shall be released on bail. It is a pre-arrest remedy. The name is somewhat misleading because no arrest has yet occurred. The court does not “bail” the person; it directs that bail shall be furnished if the person is arrested.
Who may apply: Any person who has reason to believe that they may be arrested for a non-bailable offence. There is no requirement that an FIR has been registered. An apprehension of arrest, if it is reasonable and grounded, is sufficient. Courts have, however, held that a speculative or vague apprehension without any foundation is not sufficient to invoke the provision.
Which courts have jurisdiction: The High Court and the Court of Session both have jurisdiction. Section 482(1) BNSS grants concurrent jurisdiction. An applicant may approach either court directly. However, conventional practice is to approach the Sessions Court first unless the facts are complex or warrant urgent High Court intervention.
Difference from a writ of habeas corpus: Anticipatory bail is a statutory remedy under the BNSS. It is a pre-arrest direction. Habeas corpus under Article 226 or Article 32 of the Constitution is a post-arrest remedy challenging unlawful detention. The two operate at different stages and serve different purposes, though there is occasional procedural overlap in urgent matters.
Section 482 BNSS: the statutory text and structure
Section 482 BNSS is titled “Direction for grant of bail to person apprehending arrest.” The provision has four operative subsections.
Section 482(1): When any person has reason to believe that they may be arrested for committing a non-bailable offence, they may apply to the High Court or the Court of Session for a direction that in the event of such arrest they shall be released on bail. The court may, after taking into consideration the facts of the case, either reject the application or issue an interim order of bail. The court shall notify the Public Prosecutor and the Superintendent of Police and may dispose of the application after hearing them.
Section 482(2): If a direction is made, the court may include such conditions as it thinks 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 them from disclosing such facts to the court or to any police officer; (iii) a condition that the person shall not leave India without the prior permission of the court; (iv) such other condition as may be imposed under Section 480(3).
Section 482(3): If the person is arrested in a non-bailable offence and is prepared either at the time of arrest or at any time while in custody to furnish bail, they shall be released on bail. A Magistrate issuing a warrant must do so in conformity with the court’s direction under this section.
Section 482(4): The section shall not apply to persons accused of an offence punishable under Section 65 of the Bharatiya Nyaya Sanhita (rape of a woman under sixteen years of age) or Section 70(2) of the BNS (gang rape of a person under eighteen years of age).
This structure is broadly similar to the old Section 438 CrPC. The key structural difference is the removal of the enumerated factors under the old Section 438(1) CrPC. That provision directed courts to “have regard to” the nature and gravity of the accusation, the antecedents of the applicant, the possibility of the applicant fleeing from justice, and whether the accusation appeared to be made for the purpose of humiliating the applicant. Those factors are gone from the statute. Courts still weigh equivalent considerations as a matter of judicial principle derived from case law, but they are no longer statutory imperatives.
Anticipatory bail vs regular bail: a direct comparison
| Feature | Anticipatory bail (S. 482 BNSS) | Regular bail (S. 480 BNSS) |
|---|---|---|
| Stage of application | Before arrest | After arrest |
| Trigger | Reasonable apprehension of arrest | Actual arrest or custody |
| Court that can grant | High Court or Sessions Court | Magistrate, Sessions Court, or High Court depending on offence |
| FIR required | ✗ not required (apprehension sufficient) | ✓ usually required |
| Statutory exception for sexual offences | ✓ S. 482(4) bars application | ✗ no equivalent blanket bar |
| Duration | Can continue till end of trial (Sushila Aggarwal) | Normally co-terminus with investigation or trial stage |
| Effect on custody | Prevents future custodial remand on arrest | Releases from existing custody |
| Conditions | S. 482(2) conditions mandatory on grant | S. 480(3) conditions applied at Magistrate’s discretion |
| Cancellation | By court that granted, on supervening circumstances | By any superior court on application |
| Interim protection pending hearing | Court may grant interim direction ✓ | N/A (person already arrested) |
| CrPC equivalent | S. 438 CrPC ✓ | S. 437 CrPC ✓ (S. 439 CrPC maps to S. 483 BNSS) |
How to apply: step-by-step procedure
Step 1: Establish the legal basis. Identify the specific non-bailable offence for which arrest is apprehended. Confirm it does not fall within the Section 482(4) bar. State the reason for the apprehension clearly: an FIR, a complaint, an NCR (non-cognizable report), police summons, or credible information of impending arrest.
Step 2: Choose the court. Both the Sessions Court and High Court have concurrent jurisdiction. If the matter is complex, the accused is prominent, or the case is politically sensitive, the High Court may be more appropriate. Otherwise, approach the Sessions Court for an initial application; if relief is refused, appeal to the High Court.
Step 3: Draft the application. The application must include:
- Full particulars of the applicant, their address, and occupation
- Details of the FIR (if registered), including FIR number, police station, date, and offences alleged, or a description of the facts giving rise to the apprehension
- Criminal antecedents, if any (disclosure is required)
- Grounds for grant of anticipatory bail
- A prayer for interim protection pending the hearing, if urgency exists
- An undertaking that the applicant will comply with conditions the court imposes
- Supporting affidavit
Step 4: File and seek interim protection. On the first date, argue for an interim anticipatory bail direction restraining arrest pending notice to the State. Courts regularly grant such interim directions; the key is to clearly articulate why arrest before the hearing will cause irreparable prejudice and why the apprehension is not speculative.
Step 5: Notice to Public Prosecutor and Superintendent of Police. The court is required to notify the Public Prosecutor and the Superintendent of Police before disposing of the application. In practice, an order of “issue notice returnable on [date], interim protection in the meantime” is the standard first-day order in Sessions Courts and High Courts.
Step 6: Final hearing. The prosecution files a status report or counter-affidavit. The accused replies. Both sides are heard and the court either grants or refuses the direction. If granted, the direction specifies the conditions and remains in force unless modified or cancelled.
Step 7: Compliance after grant. Once bail is directed, the applicant must report to the designated police station for interrogation as required, must not contact witnesses, and must not leave the country without court permission. Breach of these conditions can lead to cancellation.
Conditions courts impose and how to draft around them
The three mandatory categories under Section 482(2) are non-negotiable: availability for interrogation, non-intimidation of witnesses, and no foreign travel without permission. Within these, courts have discretion on specifics.
Beyond the mandatory three, courts exercise their general discretion under Section 480(3) to add:
- Periodical reporting to a police station
- Surrender of passport
- Depositing of surety bonds
- Restrictions on contacting co-accused
- Prohibition on leaving the district or state
Practitioner notes:
A Supreme Court ruling from March 2026 has reinforced that “onerous conditions on anticipatory bail cannot be sustained” and that conditions must remain proportionate to constitutional liberty interests. This means an applicant facing a relatively minor white-collar allegation should resist conditions designed for serious flight-risk or witness-tampering scenarios.
When drafting, specifically argue:
- The applicant has deep local roots, a fixed address, and family ties that make flight risk negligible.
- The applicant is cooperative and will make themselves available for interrogation without coercive arrest.
- Custodial interrogation is not necessary in this case because [specify: all documents already with prosecution, investigation substantially complete, etc.].
- The Madhya Pradesh High Court’s reasoning in cases following Sushila Aggarwal holds that the need for custody must be assessed against the necessity of custodial interrogation, not gravity of allegation alone.
When anticipatory bail is refused
Courts decline anticipatory bail in a range of scenarios. Understanding them helps practitioners either address them in the application or advise clients realistically.
No credible apprehension. If the court finds the apprehension of arrest is speculative or manufactured, it will refuse at the threshold without reaching the merits.
Section 482(4) bar. The provision expressly excludes accusations under BNS Section 65 (rape of a woman under sixteen years of age) and BNS Section 70(2) (gang rape of a minor). Courts have no jurisdiction to grant anticipatory bail in these cases regardless of other circumstances.
Likelihood of abscondence. Where the accused has prior history of evading process, has assets abroad with no local roots, or has already violated process in related matters, courts refuse bail.
Serious threat of witness tampering. Where there is specific material that the accused has attempted to suborn witnesses or intimidate victims, courts decline pre-arrest protection.
Ongoing custodial necessity. Where investigation genuinely requires custodial interrogation, such as in complex economic offences with layered financial trails, courts often refuse anticipatory bail in the initial stages, leaving open the possibility of regular bail after some custodial period.
Where multiple accused are at large. Courts sometimes decline anticipatory bail to one accused where co-accused have absconded, since coordinated flight becomes a material concern.
Special statutes with bail restrictions. Certain special statutes, such as PMLA (Prevention of Money Laundering Act, 2002) with its twin conditions under Section 45, NDPS Act with Section 37 conditions, POCSO Act for certain offences, and the Unlawful Activities (Prevention) Act, impose additional conditions or bars on bail. The BNSS Section 482 is the procedural vehicle but the substantive bail conditions of these special statutes still apply.
For guidance on how special statute conditions interact with BNSS bail provisions, understanding how to read and cite controlling judgments is essential. Our guide on how to read and brief an Indian judgment covers the mechanics of locating and applying controlling precedents.
Leading cases that govern Section 482 BNSS
The jurisprudence on anticipatory bail was built under Section 438 CrPC. It continues to apply fully under Section 482 BNSS because the provision performs the same function, and courts have repeatedly confirmed that constitutional bench precedents under CrPC Section 438 govern BNSS Section 482 applications.
Gurbaksh Singh Sibbia v. State of Punjab, (1980) 2 SCC 565
The foundational case on anticipatory bail. A five-judge Constitution Bench of the Supreme Court, decided on 9 April 1980, held that Section 438 CrPC confers wide discretion on the High Court and the Court of Session and that this discretion should not be curtailed by importing limitations that the legislature did not provide.
Key principles from Sibbia:
- The provision should not be read in a restrictive manner.
- Courts cannot impose additional conditions beyond those the statute permits.
- The fear of arrest must be reasonable, not vague.
- Anticipatory bail is not to be granted as a matter of course in serious cases.
- Each application must be considered on its own facts.
This case is cited in virtually every anticipatory bail application and ruling in India. It is the starting point for any argument about the scope of judicial discretion under Section 482 BNSS.
Sushila Aggarwal v. State (NCT of Delhi), (2020) 5 SCC 1
A five-judge Constitution Bench resolved a long-standing controversy about whether anticipatory bail should be time-limited. The bench held, on 29 January 2020, that:
- The life or duration of an anticipatory bail order does not ordinarily end when the accused is summoned by the court, when charges are framed, or when a chargesheet is filed.
- Anticipatory bail can continue until the end of the trial unless there are “special or peculiar features” necessitating the court to limit its tenure.
- However, courts retain the discretion to impose a limited-period direction if the facts warrant it.
- Once arrest is made pursuant to an anticipatory bail direction and bail is furnished, the usual provisions governing bail apply.
This judgment settled two decades of conflicting views from High Courts across India. Its practical consequence is that a grant of anticipatory bail under BNSS Section 482 is, in the ordinary course, a continuing protection for the accused throughout the trial.
Subsequent developments under BNSS
Since BNSS came into force on 1 July 2024, courts have been consolidating the new framework.
The Chhattisgarh High Court observed in September 2024 that Section 482 BNSS “widens the discretionary powers of courts hearing anticipatory bail applications” precisely because the enumerated factors from old Section 438(1) CrPC have been removed from the statute. This does not mean courts ignore these factors, but they are no longer statutory constraints.
The Allahabad High Court held in July 2025 that BNSS Section 482 “removed the bar on anticipatory bail under Section 438(6) CrPC imposed by the UP Amendment” and that Parliament’s conscious decision to drop restrictions overrides state amendments, restoring anticipatory bail availability for offences punishable with death or life imprisonment in Uttar Pradesh.
Understanding which citations are still “good law” after the BNSS transition is a genuine research challenge. Niyam’s citator research, drawing on 72,000+ Indian judgments, helps practitioners verify whether a precedent remains controlling or has been superseded by BNSS-era rulings. See our citator guide on checking good law in India.
What BNSS changed from the old CrPC regime
The transition from CrPC Section 438 to BNSS Section 482 brought several changes that practitioners must internalize.
Removal of enumerated factors. Section 438(1) CrPC directed courts to consider the nature and gravity of the accusation, the criminal antecedents of the applicant, the possibility of flight, and whether the accusation was made to humiliate the applicant. These factors still inform judicial practice because they are rooted in Sibbia and subsequent Constitution Bench precedents, but they no longer appear in the statute. Courts have wider discretion as a result.
Removal of death/life-imprisonment bar in state amendments. Several states, most notably Uttar Pradesh under Section 438(6) CrPC, had enacted amendments barring anticipatory bail for offences punishable with death or life imprisonment. BNSS Section 482 has no such bar in the central statute. Courts have held that the BNSS provision supersedes these state amendments under Article 254 of the Constitution because Parliament clearly intended to restore broader access to anticipatory bail.
Maharashtra and Gujarat amendments superseded. Maharashtra had its own amendment to Section 438 CrPC imposing procedural conditions. Under BNSS, Section 482 applies uniformly and the Maharashtra amendment no longer operates. The same analysis applies to similar state modifications in Gujarat and Karnataka.
No police arrest power during pendency. Under the old CrPC, a proviso to Section 438 permitted a police officer to arrest the applicant even while an anticipatory bail application was pending, in certain circumstances. BNSS Section 482 does not carry this proviso. This is an expansion of protection during the pendency of the application.
BNS Section 65 and 70(2) bar added. The new statutory exception under Section 482(4) BNSS bars anticipatory bail for accusations under BNS Section 65 (rape of a woman under sixteen) and Section 70(2) (gang rape of a minor). These are new, explicit bars tied to the BNS offence numbering, replacing the more patchwork approach under the old CrPC framework.
Interim protection mechanism codified. While courts routinely granted interim protection under old Section 438 CrPC as a matter of practice, the BNSS structure more clearly contemplates the two-stage process: interim direction on day one, final hearing after notice to prosecution.
How Niyam helps
Anticipatory bail research requires tracing live precedents across Constitution Bench decisions, High Court rulings under both CrPC and BNSS, and evolving case law on specific conditions and statutory bars. Niyam researches Indian statutes and case law drawn from 72,000+ judgments, with every answer grounded in primary sources and citations so practitioners can verify each authority before filing.
Whether you need to identify the controlling precedent on custodial necessity for a white-collar matter, check whether a specific High Court’s approach to BNSS Section 482(4) is favorable or adverse, or draft the conditions paragraph in a bail application, Niyam’s research and drafting tools surface the relevant authorities without the manual search.
Start for ₹100 and explore anticipatory bail research on your next matter.
Frequently asked questions
What section of the BNSS governs anticipatory bail?
Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 governs anticipatory bail. It is titled “Direction for grant of bail to person apprehending arrest” and came into force on 1 July 2024, replacing Section 438 of the Code of Criminal Procedure, 1973.
Is BNSS Section 482 the same as CrPC Section 482?
No, they are completely different provisions. Under the CrPC, Section 482 dealt with the saving of inherent powers of the High Court, which is now Section 528 of the BNSS. Anticipatory bail under the CrPC was Section 438, which is now Section 482 of the BNSS. This renumbering is a common source of error in post-July 2024 practice.
Where has the High Court’s inherent power to quash FIRs moved under BNSS?
The inherent powers of the High Court, formerly Section 482 CrPC, are now in Section 528 of the BNSS. The text of Section 528 BNSS is substantially identical to the old Section 482 CrPC, so all precedents on FIR quashing, abuse of process, and ends of justice continue to apply.
Can a person apply for anticipatory bail before an FIR is registered?
Yes. Section 482(1) BNSS requires only that the person “has reason to believe” they may be arrested for a non-bailable offence. An FIR is not a prerequisite. A complaint, summons, or even credible intelligence of impending arrest may provide sufficient foundation, provided the apprehension is not speculative.
Which courts can grant anticipatory bail under BNSS?
Both the High Court and the Court of Session have concurrent jurisdiction under Section 482(1) BNSS. Magistrates do not have jurisdiction to grant anticipatory bail. Most practitioners approach the Sessions Court first, and if refused, file before the High Court.
How long does anticipatory bail last under BNSS?
Following the Constitution Bench decision in Sushila Aggarwal v. State (NCT of Delhi), (2020) 5 SCC 1, anticipatory bail ordinarily continues until the end of the trial unless the court specifically limits its duration. It does not automatically lapse when a chargesheet is filed or charges are framed.
Can anticipatory bail be granted for offences punishable with death?
Under BNSS Section 482, there is no statutory bar to granting anticipatory bail for offences punishable with death. The old state-level bars under CrPC Section 438(6) imposed by states like Uttar Pradesh have been superseded by BNSS. Courts still weigh the gravity of the offence as a factor in the exercise of their discretion, but there is no absolute prohibition.
Are there offences for which anticipatory bail is expressly barred under BNSS?
Yes. Section 482(4) BNSS expressly bars the provision from applying to accusations under BNS Section 65 (rape of a woman under sixteen) and BNS Section 70(2) (gang rape of a person under eighteen years). Courts have no jurisdiction to grant anticipatory bail in these cases.
What conditions does a court impose when granting anticipatory bail?
Under Section 482(2) BNSS, courts must impose conditions requiring the applicant to: (i) be available for police interrogation when required; (ii) not make any inducement, threat, or promise to witnesses; (iii) not leave India without the court’s permission. Courts may add further conditions under Section 480(3), such as surrendering a passport, reporting to a police station, or restricting communication with co-accused.
Can anticipatory bail be cancelled after it is granted?
Yes. A court that granted anticipatory bail may cancel it on supervening circumstances, such as the accused absconding, tampering with evidence or witnesses, or committing a fresh offence. The application for cancellation is typically made by the prosecution or the investigating officer. Mere filing of a chargesheet or framing of charges is not by itself a ground for cancellation.
Does BNSS Section 482 apply to special statutes like PMLA or NDPS?
BNSS Section 482 provides the procedural framework for the application. However, special statutes like the Prevention of Money Laundering Act, 2002 (Section 45) and the Narcotic Drugs and Psychotropic Substances Act, 1985 (Section 37) impose their own substantive bail conditions, including “twin conditions” that require the court to be satisfied that there are reasonable grounds to believe the accused is not guilty and is not likely to commit any offence while on bail. These conditions apply on top of the BNSS procedure.
What is the difference between interim anticipatory bail and final anticipatory bail?
Interim anticipatory bail is a direction granted on the first date of hearing, usually without a full hearing, to protect the applicant from arrest while notice is issued to the prosecution. It is a temporary protective order. Final anticipatory bail is the order after a full hearing with the prosecution’s response, which either grants or refuses bail on the merits. The final order is what continues through the trial under Sushila Aggarwal principles.
Can anticipatory bail be granted when an FIR has already been registered?
Yes. Registration of an FIR does not disentitle an applicant from seeking anticipatory bail. As long as the person has not yet been arrested, anticipatory bail remains the appropriate remedy. Once arrested, the person must seek regular bail under Section 480 or 483 BNSS.
Can a co-accused’s conduct affect my anticipatory bail application?
Yes. Courts consider the conduct of co-accused as a relevant factor. If co-accused have absconded, courts may be reluctant to grant anticipatory bail to the applicant, treating coordinated flight as a real risk. Conversely, if co-accused were already granted bail, this is often argued to support the applicant’s case for similar treatment.
What happens if I am arrested in another state after anticipatory bail is granted by one court?
An anticipatory bail direction from a High Court or Sessions Court operates across India for the offence in question. If arrested in another state on the same case, the applicant is entitled to bail under the direction. However, for a different offence in another state, a fresh application in the appropriate court is required.
How is anticipatory bail different from protection from arrest under Article 226?
Anticipatory bail is a statutory remedy under BNSS Section 482 that results in a direction to release the accused on bail upon arrest. A writ of protection under Article 226 of the Constitution is an extraordinary constitutional remedy, usually sought when the statutory remedy is unavailable or inadequate. In practice, courts generally require applicants to exhaust statutory remedies before invoking Article 226 for arrest protection, though both avenues can be argued in appropriate cases.
What is the significance of Gurbaksh Singh Sibbia for BNSS Section 482 applications?
Gurbaksh Singh Sibbia v. State of Punjab, (1980) 2 SCC 565 established the governing framework for anticipatory bail. Its core holding, that the provision is to be interpreted liberally and courts should not add restrictions the legislature did not provide, continues to apply to BNSS Section 482. Courts cite Sibbia to resist prosecution arguments for reading the provision narrowly.
Must the applicant disclose their criminal antecedents in the application?
Yes. Courts expect full disclosure of prior convictions, pending cases, and any prior bail conditions. Concealment of criminal antecedents is a ground for cancellation of anticipatory bail if discovered, and it damages credibility with the court at the threshold stage. Complete disclosure, with a proper explanation, is far safer than concealment.
Can conditions in an anticipatory bail order be modified?
Yes. The court that granted the direction retains jurisdiction to modify conditions on application by either party. If circumstances change, such as the need to travel abroad for medical treatment or business, the applicant may file a modification application seeking variation of the travel restriction condition. Courts generally consider such applications favorably when supported by cogent material.
If my anticipatory bail application is rejected by the Sessions Court, can I file before the High Court?
Yes. Rejection by the Sessions Court does not bar a fresh application before the High Court. Both courts have concurrent jurisdiction. The applicant must disclose the Sessions Court’s rejection order and the reasons given, and must address the court’s concerns. Filing before the High Court after Sessions Court rejection is routine practice.
Key takeaways
- BNSS Section 482 (in force 1 July 2024) is anticipatory bail. The old CrPC Section 482 was inherent powers of the High Court, now Section 528 BNSS. Confusing the two in pleadings is a serious drafting error.
- Both the High Court and the Court of Session have concurrent jurisdiction to grant anticipatory bail under Section 482(1) BNSS.
- The statutory factors that CrPC Section 438(1) directed courts to consider have been removed from BNSS Section 482; courts now exercise broader discretion guided by constitutional bench precedents.
- Gurbaksh Singh Sibbia, (1980) 2 SCC 565 and Sushila Aggarwal, (2020) 5 SCC 1 remain the two controlling Constitution Bench precedents and both continue to apply under BNSS.
- Anticipatory bail can ordinarily continue until the end of the trial (Sushila Aggarwal).
- State amendments to CrPC Section 438, including the UP bar on serious offences, have been superseded by the uniform BNSS Section 482.
- The provision is expressly barred for accusations under BNS Section 65 (rape of a woman under sixteen) and Section 70(2) (gang rape of a minor).
- Conditions imposed under Section 482(2) include interrogation availability, witness non-interference, and travel restriction; additional conditions under Section 480(3) are discretionary.
- Special statutes (PMLA, NDPS, UAPA, POCSO) impose their own substantive bail conditions that layer on top of the BNSS procedure.
- Courts assessing bail must weigh custodial necessity, not merely gravity of allegation, per the developing BNSS-era jurisprudence.
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