Skip to main content

Bharatiya Nagarik Suraksha Sanhita

Section 482

Direction for grant of bail to person apprehending arrest

Quick Answer Reference: Section 482 BNSS

  • Provision: Section 482 of BNSS
  • Act: Bharatiya Nagarik Suraksha Sanhita
  • Classification: PROVISIONS AS TO BAIL AND BONDS
  • Jurisdiction: India
  • Summary: This section allows a person who believes they may be arrested for a non-bailable offense to apply to the High Court or Court of Session for a direction to be released on bail if arrested.
Statutory Content

What does Section 482 of BNSS say?

(1) When any person has reason to believe that he may be arrested on an accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Session for a direction under this section; and that Court may, if it thinks fit, direct that in the event of such arrest, he shall be released on bail. (2) When the High Court or the Court of Session makes a direction under sub-section (1), it may include such conditions in such directions in the light of the facts of the particular case, as it may think 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 him from disclosing such facts to the Court or to any police officer; (iii) a condition that the person shall not leave India without the previous permission of the Court; (iv) such other condition as may be imposed under sub-section (3) of section 480, as if the bail were granted under that section. (3) If such person is thereafter arrested without warrant by an officer in charge of a police station on such accusation, and is prepared either at the time of arrest or at any time while in the custody of such officer to give bail, he shall be released on bail; and if a Magistrate taking cognizance of such offence decides that a warrant should be issued in the first instance against that person, he shall issue a bailable warrant in conformity with the direction of the Court under sub-section (1). (4) Nothing in this section shall apply to any case involving the arrest of any person on accusation of having committed an offence under section 65 and sub-section (2) of section 70 of the Bharatiya Nyaya Sanhita, 2023.

Indian StandardSection 482, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 482 (India)
Court Pleading StandardSection 482 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/482

Embed this Section Card

Want to display this Section explanation card on your website? Copy and paste the HTML code below:

Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Priya Menon (Bar Council ID: MAH/4521/2018).
AI Educational GuideAI-generated explanation for educational and research purposes. Original statutory text is preserved exactly.
Section Meaning & Purpose

What does Section 482 of BNSS mean?

Plain English Explanation

This section allows a person who believes they may be arrested for a non-bailable offense to apply to the High Court or Court of Session for a direction to be released on bail if arrested.

Practical Interpretation

In practice, this section provides a pre-emptive measure for individuals who anticipate arrest, enabling them to seek bail before actual arrest, thus potentially avoiding detention.

Core Legal Purpose

The core purpose is to provide a legal mechanism for individuals to secure bail in anticipation of arrest for non-bailable offenses, ensuring their liberty is protected until proven guilty.

Key Legal Elements
  • The person must have reason to believe they may be arrested for a non-bailable offense.
  • The application must be made to the High Court or the Court of Session.
  • The Court may impose conditions on the bail, including making themselves available for interrogation and not leaving India without permission.
  • The section does not apply to cases involving certain offenses under the Bharatiya Nyaya Sanhita, 2023.
Practical Example

Practical Example of Section 482 BNSS

Rajesh, anticipating arrest for a non-bailable offense, applies to the High Court for a direction to be released on bail. The Court, considering the facts, directs that Rajesh be released on bail if arrested, with the condition that he must be available for police interrogation. Later, when Rajesh is arrested, he is released on bail as per the Court's direction.

Common Questions (FAQ)

Frequently Asked Questions about Section 482 BNSS

Q: What is the punishment or consequence under Section 482 of BNSS?

This section is a procedural provision and does not prescribe a penal punishment.

Q: Does this section apply to private individuals or public entities?

This section applies to any person who has reason to believe they may be arrested for a non-bailable offense, regardless of whether they are a private individual or a public entity.

Q: Is an offence under this section bailable or cognizable?

This section deals with the procedure for grant of bail in anticipation of arrest for non-bailable offenses, and does not classify offenses as bailable or cognizable by itself.

People Also Ask (PAA)

Common Questions about Section 482 BNSS

What is Section 482 of BNSS?

Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Direction for grant of bail to person apprehending arrest". In plain terms: This section allows a person who believes they may be arrested for a non-bailable offense to apply to the High Court or Court of Session for a direction to be released on bail if arrested.

What is the punishment under Section 482 of BNSS?

Section 482 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 482 of BNSS bailable or non-bailable?

Whether Section 482 of BNSS is bailable or non-bailable depends on the schedule classification.

What are the elements of Section 482 of BNSS?

The essential elements of Section 482 of BNSS are: The person must have reason to believe they may be arrested for a non-bailable offense.; The application must be made to the High Court or the Court of Session.; The Court may impose conditions on the bail, including making themselves available for interrogation and not leaving India without permission..

What is the IPC equivalent of Section 482 of BNS?

Section 482 of the Bharatiya Nyaya Sanhita (BNS) 2023 corresponds to Section 438 of the old Indian Penal Code (IPC). Anticipatory bail: BNSS adds 'not to leave India' condition by default.

Law Transition Mapping
Corresponds to Old Law
Old LawSection 438Code of Criminal Procedure (CrPC)
This SectionSection 482Bharatiya Nagarik Suraksha Sanhita (BNSS)

⚠️ Material Change: Anticipatory bail: BNSS adds 'not to leave India' condition by default.

View Old Law Equivalent →Compare Side-by-Side →
Landmark Case Laws

Landmark Judgments under Section 482 BNSS

2014 8 SCC 273

Supreme Court of India

Patnahcucisdb94 High Court (10 8)

Patnahcucisdb94 High Court (10 8)

Patnahcucisdb94 High Court (10 8)

Patnahcucisdb94 High Court (10 8)