Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Section 438 CrPC) allows a person who apprehends arrest in a non-bailable offence to seek a direction for release on bail in the event of arrest. This article walks through how such an application ordinarily proceeds in Delhi — the forum, the contents of the application, listing, notice to the State, the hearing, and what follows the order.
The forum: concurrent jurisdiction, sequential practice
Section 482(1) BNSS permits the application to be made to the High Court or the Court of Session. The jurisdiction is concurrent — the statute does not require the applicant to exhaust the Sessions Court before approaching the High Court. In Delhi, however, the usual practice is to move the Court of Session for the district concerned first. This gives the superior court the benefit of the Sessions Court’s view if the matter travels up, and it is the sequence courts ordinarily expect unless special reasons justify approaching the High Court directly.
In the Delhi district courts, the application is filed in the court of the Sessions Judge or the Additional Sessions Judge dealing with bail work for the police station concerned, through the filing counter of the relevant court complex.
Contents of the application
What a well-drafted application ordinarily contains
- Particulars of the FIR — number, date, police station and the sections invoked, with IPC/CrPC equivalents noted where the FIR predates the new codes.
- The basis of the apprehension of arrest — for instance, the registration of the FIR naming the applicant, a notice received, or steps taken by the investigating officer.
- A candid statement of the relevant facts and the grounds on which protection is sought.
- Disclosure of any earlier application for the same relief and its outcome.
- Undertakings — commonly, to join and cooperate with the investigation, to abide by any conditions imposed, and not to leave the country without permission.
- Supporting documents and the applicant’s affidavit verifying the contents.
Listing, interim protection and notice to the State
Once filed, the application is listed before the court, in urgent cases on the same or the next working day. At the first hearing the court may issue notice to the State and call for a status report from the investigating officer. Where the court considers it appropriate, it may grant interim protection — a direction that, until the next date, the applicant shall not be arrested or shall be released on bail in the event of arrest — often coupled with a direction to join the investigation. Interim protection is discretionary; the statute does not oblige the court to grant it, and applications are also decided without any interim order.
The status report filed by the investigating officer through the prosecution places before the court the stage of the investigation, the material collected, and the position of the State on custodial interrogation. The hearing proceeds on the application, the status report and the submissions of both sides.
The flow of a typical application
Step 1 — Drafting and filing
The application under Section 482 BNSS is drafted with the FIR particulars, grounds of apprehension and undertakings, and filed before the Court of Session for the district concerned.
Step 2 — First listing
The matter is listed; the court may issue notice to the State, call for a status report, and consider interim protection until the next date.
Step 3 — Status report and hearing
The investigating officer files a status report. The court hears the applicant and the prosecution on the nature of the accusation, the applicant’s antecedents and the need for custodial interrogation.
Step 4 — Order
The court either grants anticipatory bail, ordinarily with conditions under Section 482(2) BNSS, or dismisses the application. Interim protection, if any, merges into the final order.
Step 5 — Operation and bonds
If granted, the order operates in the event of arrest: the applicant is released on furnishing the bail bond with sureties as directed, and remains bound by the conditions.
Step 6 — On dismissal
If the Sessions Court declines relief, the applicant may move the High Court under the same provision, disclosing the earlier outcome. The High Court considers the matter afresh.
Conditions under Section 482(2) BNSS
When granting the direction, the court may include such conditions as it thinks fit in the light of the facts of the particular case, including:
- that the person shall make himself available for interrogation by a police officer as and when required;
- 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;
- that the person shall not leave India without the previous permission of the court.
Courts frequently add case-specific conditions, such as furnishing a bond of a stated amount with sureties, marking attendance before the investigating officer on specified dates, or not contacting the complainant. Breach of conditions can invite cancellation of the protection.
After the order
Where anticipatory bail is granted, the order is a direction for the future: if the person is thereafter arrested without warrant on the accusation, and is prepared either at the time of arrest or at any time while in custody to give bail, he is released on bail in terms of the direction. If a Magistrate taking cognizance decides that a warrant should issue, the warrant is to be a bailable warrant in conformity with the direction of the court. The applicant furnishes the bond and sureties as directed, and the protection continues subject to the conditions, unless the order itself limits its duration or it is later cancelled.
Where the application is dismissed, the concurrent jurisdiction under Section 482 BNSS leaves the High Court open as the next forum. The procedure there mirrors the Sessions Court in essentials — notice to the State, status report, hearing and a reasoned order.
Anticipatory bail practice in Delhi follows a settled rhythm, but every application turns on its own facts — the offence alleged, the material with the investigating agency and the conduct of the applicant. Independent legal advice on specific facts is always advisable.
Frequently Asked Questions
Should the application be filed in the Sessions Court or the High Court first?
Section 482 BNSS confers concurrent jurisdiction on the High Court and the Court of Session. As a matter of settled practice in Delhi, applicants ordinarily move the Court of Session first, and approach the High Court thereafter if the application is declined. The statute itself does not command this sequence; it is a practice followed by the courts.
What documents accompany an anticipatory bail application in Delhi?
Typically the application sets out the FIR number, police station and offences, the grounds of apprehension, and the facts relied upon, accompanied by a copy of the FIR if available, relevant documents, and an affidavit of the applicant. Undertakings to join investigation and abide by conditions are usually recorded in the grounds or given at the hearing.
What happens if the Sessions Court dismisses the application?
Dismissal by the Court of Session does not bar the applicant from moving the High Court under the same provision, since the jurisdiction is concurrent. The application before the High Court discloses the earlier application and its outcome. The High Court considers the matter afresh on its own assessment of the material before it.
When does an anticipatory bail order actually operate?
The order directs that in the event of arrest the applicant shall be released on bail. It takes effect upon arrest or upon the applicant being taken into custody, when the bail bond with any sureties is furnished as directed. Conditions imposed under Section 482(2) BNSS bind the applicant from the time the order takes effect.