Anticipatory bail application format under Section 482 BNSS

Guide · Last verified against the bare Acts on 2026-11-09

An anticipatory bail application asks the Court of Session or the High Court to direct that, if the applicant is arrested for a non-bailable offence, they be released on bail. It is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaced Section 438 of the CrPC from 1 July 2024.

Draft a anticipatory bail application with your facts See 18 formats

Key points

Provision: Section 482 BNSS (formerly Section 438 CrPC).
Forum: the Court of Session or the High Court, which have concurrent jurisdiction; the usual practice is to approach the Sessions Court first.
Protection is not limited to a fixed period by default and can continue till the end of the trial, unless the court limits it (Sushila Aggarwal v. State (NCT of Delhi), (2020) 5 SCC 1).
Not available for offences under Section 65 and Section 70(2) of the BNS (rape of a woman under 16; gang rape of a woman under 18) — Section 482(4) BNSS.
Conditions the court may impose include joining the investigation when required and not leaving India without permission (Section 482(2) BNSS).

The law: old and new provisions

Subject	Law now	Before 1 July 2024
Anticipatory bail	Section 482 BNSS	Section 438 CrPC
Regular bail by the Sessions Court or High Court	Section 483 BNSS	Section 439 CrPC
Notice before arrest for offences up to 7 years	Section 35(3) BNSS	Section 41A CrPC

Which court or authority

Court of Session of the district where the FIR is registered, or the High Court.

What the document should contain

Cause title and the FIR number, police station and sections
Facts showing the applicant’s version and why arrest is apprehended
Grounds: nature of the accusation, antecedents, roots in society, no likelihood of absconding or tampering, cooperation with the investigation
Disclosure of any earlier anticipatory bail application and its result
Undertaking to abide by conditions under Section 482(2)
Prayer for a direction to release on bail in the event of arrest, with interim protection
Affidavit in support

Documents to attach

Copy of the FIR or complaint, if available
Notice received from the police, if any
Documents supporting the defence (agreements, payment records, correspondence)
Identity and address proof of the applicant
Vakalatnama

Procedure

Check whether the offence is non-bailable and whether Section 482(4) bars relief
Draft the application with an affidavit and file it in the Sessions Court (or the High Court)
Seek interim protection on the first date; the court usually calls for the case diary or status report
On grant, furnish the bond and sureties when arrested or when directed, and comply with the conditions

Common mistakes

Citing Section 438 CrPC for an FIR registered on or after 1 July 2024
Not disclosing an earlier rejected application
Generic grounds with no link to the facts of the FIR
Not asking for interim protection pending hearing

Sample anticipatory bail application format

A short model to show the structure. Adapt the cause title, facts and prayer to your matter.

IN THE COURT OF THE SESSIONS JUDGE, [DISTRICT] Criminal Misc. Bail Application No. [____] of [year] [Name of applicant], son/daughter of [name], aged [__] years, resident of [address] … Applicant Versus State of [State] (through Station House Officer, Police Station [name]) … Respondent FIR No. [__] dated [date], Police Station [name], under Sections [__] of the Bharatiya Nyaya Sanhita, 2023 APPLICATION UNDER SECTION 482 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 FOR GRANT OF ANTICIPATORY BAIL MOST RESPECTFULLY SHOWETH: 1. That the applicant is a law-abiding citizen, residing at the above address with [family], and is [occupation]. 2. That the above FIR has been registered on the complaint of [name] alleging [brief allegation]. 3. That the allegations are false/exaggerated because [facts]. 4. That the applicant apprehends arrest in the said FIR because [reason: notice received / police visits]. 5. That the applicant has deep roots in society, has no criminal antecedents, and there is no likelihood of absconding or tampering with evidence. 6. That the applicant undertakes to join the investigation as and when required and to abide by the conditions under Section 482(2) BNSS. 7. That no other application for anticipatory bail has been filed in this matter before this Court or any other court. [or: details of the earlier application and its result] PRAYER It is therefore prayed that this Hon’ble Court may be pleased to direct that in the event of arrest of the applicant in FIR No. [__], Police Station [name], he/she be released on bail, and to grant interim protection pending the hearing of this application, and pass any other order deemed fit. Place: [__] Applicant Date: [__] Through Counsel [name, enrolment no.] (Supported by an affidavit of the applicant.)

Frequently asked questions

Under which section is anticipatory bail filed now?

Under Section 482 of the BNSS for FIRs registered on or after 1 July 2024. For proceedings that began earlier, Section 438 of the CrPC continues to apply.

Can I go directly to the High Court for anticipatory bail?

Yes. The Sessions Court and the High Court have concurrent jurisdiction, though High Courts often expect the applicant to approach the Sessions Court first unless there are special reasons.

How long does anticipatory bail last?

There is no fixed time limit by default. The Supreme Court held in Sushila Aggarwal (2020) that protection can continue till the end of the trial unless the court limits it for specific reasons.

Is anticipatory bail available in every offence?

No. Section 482(4) BNSS excludes offences under Section 65 and Section 70(2) of the BNS. Special statutes may also restrict it.

This guide summarises the law for advocates and is not legal advice. Statutes and court rules change: check the current text before filing.