Your rights
Can I get bail before being arrested?
Short answer
Yes. You can apply for anticipatory bail in Sessions Court or High Court under BNSS Section 482 if you have reason to believe you may be arrested.
Understanding the issue
Anticipatory bail is a provision under BNSS Section 482 that allows a person to seek bail in advance if they apprehend arrest for a non-bailable offence. You must file the application in the Sessions Court or High Court showing reasonable grounds for believing that you may be arrested. The court considers factors such as the nature of the accusation, your criminal history, the possibility of fleeing, and whether the accusation is made to humiliate you. If granted, you will not be taken to jail upon arrest. This is an important safeguard against misuse of the criminal justice system.
Laws that apply
- BNSS Section 482 — Anticipatory bail
- Article 21 — Right to personal liberty