Section 482 of BNSS : Section 482: Direction for grant of bail to person apprehending arrest.

Explanation using Example

Example 1:

Scenario: Rajesh, a businessman, has been informed by a reliable source that he is likely to be arrested for allegedly committing a non-bailable offence related to financial fraud. Rajesh believes that the accusation is baseless and wants to avoid the trauma of being arrested.

Application: Rajesh applies to the High Court for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita 2023. The High Court, after considering his application, directs that in the event of his arrest, he should be released on bail.

Conditions Imposed: The High Court includes the following conditions in its direction:

• Rajesh must make himself available for interrogation by the police whenever required.
• Rajesh must not threaten or induce any witnesses related to the case.
• Rajesh must not leave India without the Court's permission.

Outcome: Rajesh is later arrested by the police. He presents the High Court's direction and is released on bail immediately. The Magistrate, upon taking cognizance of the offence, issues a bailable warrant in line with the High Court's direction.

Example 2:

Scenario: Priya, a social activist, is informed that she might be arrested for allegedly inciting a protest that turned violent, a non-bailable offence. Priya believes the charges are politically motivated and seeks to avoid arrest.

Application: Priya applies to the Court of Session for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita 2023. The Court of Session, after reviewing her case, directs that she should be released on bail if arrested.

Conditions Imposed: The Court of Session includes the following conditions in its direction:

• Priya must cooperate with the police investigation and appear for questioning when summoned.
• Priya must not influence or intimidate any witnesses.
• Priya must not travel outside the country without prior permission from the Court.

Outcome: Priya is subsequently arrested by the police. She shows the Court of Session's direction and is released on bail. The Magistrate, upon taking cognizance of the offence, issues a bailable warrant in accordance with the Court of Session's direction.