Criminal & Cyber Law
Anticipatory Bail
Protection a court may grant before arrest when a person fears arrest in a non-bailable case.
DLP's chamber: No. 548, A Block, High Court, Lucknow
What the law says
Anticipatory bail is a direction from the Sessions Court or the High Court that, if the person is arrested, they are to be released on bail. It is now under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaced Section 438 of the CrPC. The court looks at the nature of the accusation, the person's antecedents, the risk of them fleeing, and whether the accusation appears to be made to injure or humiliate them. It can attach conditions, such as joining the investigation when called and not leaving India without permission. Whether it is granted depends on the facts and the court.
Consultation
Speak to the chamber.
Leave your name, number and a line about the matter. A member of the chamber will call or message you back during working hours.
Frequently Asked Questions
When can I apply for anticipatory bail?
When you have reason to believe you may be arrested for a non-bailable offence. You can apply before arrest, whether or not an FIR has been registered, by showing the specific facts behind your fear.
Which court do I approach?
Both the Sessions Court and the High Court have the power. In practice an application is usually made first in the Sessions Court of the district where the case is registered.
What conditions can the court impose?
Common conditions are joining the investigation when the police call you, not threatening or influencing witnesses, and not leaving India without the court's permission. Breaking a condition can lead to the order being cancelled.
Is anticipatory bail available in every case?
No. Some laws exclude or restrict it for certain offences, and the court may refuse it where the accusation is serious or custodial questioning is needed. Your advocate will check what applies to your case.
Attorneys Handling This Service
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Bail Hearings
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Criminal Procedure
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