Anticipatory Bail Application Format under Section 482 BNSS
Section 482, Bharatiya Nagarik Suraksha Sanhita, 2023 [old Section 438 CrPC]
Sample format, not legal advice. This is a sample format for general information. It is not legal advice and does not create a lawyer–client relationship. Facts, court practice, court fees and stamp duty differ by state and by case. Check the current law and your local court rules, or speak to an advocate, before you file, send or sign it.
An anticipatory bail application asks the court for a direction that, if the applicant is arrested, he or she shall be released on bail. It is filed by a person who has reason to believe that he may be arrested for a non-bailable offence, usually after an FIR is registered or a complaint is made. It is different from regular bail, which is sought after arrest, and from interim bail, which is short-term protection while a bail application is pending.
Under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (old Section 438 CrPC), only the Court of Session and the High Court can grant anticipatory bail; a Magistrate cannot. The court may attach conditions such as joining the investigation when called and not leaving India without permission. Section 482(4) BNSS excludes cases under Section 65 and Section 70(2) of the Bharatiya Nyaya Sanhita (rape of a girl under sixteen years of age and gang rape of a woman under eighteen), and some special laws, such as the SC/ST (Prevention of Atrocities) Act, contain their own bar.
- Filed before
- Court of Session or High Court (concurrent power); in practice the Sessions Court is approached first
- Filed by
- The person who fears arrest, through an advocate
- Law
- Section 482 BNSS; conditions under Section 482(2) BNSS
- Time limit
- None — file as soon as there is a real apprehension of arrest, before arrest
- Court fee
- Nominal court fee stamp; amount set by state court-fee rules
- Supporting affidavit
- Required in most High Courts and many Sessions Courts
When to use this format
- An FIR has been registered against you for a non-bailable offence and the police have visited your house or called you.
- A complaint has been filed against you and there is a concrete, not imaginary, reason to fear arrest. An FIR need not yet exist if the facts are clear.
- The dispute is essentially civil or matrimonial and you fear the criminal case is being used to pressure you.
- The Sessions Court has refused anticipatory bail and you want to approach the High Court.
- Do not use this format if you are already in custody — use the regular bail application instead.
Anticipatory bail application (Sessions Court / High Court)
Replace everything in [square brackets] with your own details. Delete lines that do not apply.
IN THE COURT OF THE [SESSIONS JUDGE / ADDITIONAL SESSIONS JUDGE], [DISTRICT], [STATE] [OR: IN THE HIGH COURT OF [NAME] AT [PLACE]] Criminal Miscellaneous (Anticipatory Bail) Application No. ______ of [YEAR] IN THE MATTER OF: [FULL NAME OF APPLICANT] S/o / D/o / W/o [FATHER'S OR SPOUSE'S NAME] Aged about [AGE] years Occupation: [OCCUPATION] R/o [FULL RESIDENTIAL ADDRESS] ... Applicant Versus State of [STATE] Through the Station House Officer, Police Station [NAME OF POLICE STATION] ... Respondent [ADD THE COMPLAINANT AS RESPONDENT NO. 2 ONLY IF THE RULES OF YOUR COURT REQUIRE IT] FIR No.: [FIR NUMBER] dated [DATE OF FIR] [OR: COMPLAINT DATED [DATE] / NO FIR YET REGISTERED] Police Station: [NAME OF POLICE STATION], District [DISTRICT] Under Sections: [SECTIONS OF BNS / OTHER ACT, e.g. 318(4), 351(2) BNS] APPLICATION UNDER SECTION 482 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 FOR GRANT OF ANTICIPATORY BAIL MOST RESPECTFULLY SHOWETH: 1. That the applicant is a permanent resident of the address given above and [IS EMPLOYED AS / RUNS / STUDIES — OCCUPATION] for the last [NUMBER] years. The applicant supports [FAMILY DETAILS]. 2. That the above FIR was registered on [DATE] on the complaint of [COMPLAINANT'S NAME], alleging that [ONE OR TWO LINES ON THE ALLEGATIONS, STATED FAIRLY]. 3. That the applicant has reason to believe that he/she may be arrested in the above case because [STATE THE CONCRETE REASON, e.g. police officials visited the applicant's house on [DATE] and asked for him / the co-accused [NAME] was arrested on [DATE] / the applicant received a call or notice dated [DATE]]. 4. That the applicant is innocent and has been falsely implicated. [STATE THE APPLICANT'S VERSION BRIEFLY, e.g. the dispute arises out of a business transaction / a matrimonial dispute / the complaint was made after an unexplained delay of [NUMBER] days / the applicant was not present at the place]. 5. That the offences alleged [ARE PUNISHABLE WITH IMPRISONMENT OF UP TO [NUMBER] YEARS / ARE BASED MAINLY ON DOCUMENTS ALREADY WITH THE INVESTIGATING AGENCY], and custodial interrogation of the applicant is not required. Nothing is to be recovered from the applicant. 6. That the applicant has no criminal antecedents. [OR: The details of other cases, if any, are: [CASE NUMBER, COURT AND PRESENT STATUS].] 7. That the applicant has deep roots in society and a fixed place of residence, and there is no likelihood of the applicant fleeing from justice or tampering with evidence or influencing witnesses. 8. That the case does not involve an offence under Section 65 or Section 70(2) of the Bharatiya Nyaya Sanhita, 2023, and is not barred by any special law. 9. That the applicant's arrest would cause irreparable harm to his/her reputation, [HEALTH / EMPLOYMENT / DEPENDENT FAMILY], and the accusation appears to have been made with the object of [HUMILIATING / PRESSURISING] the applicant. 10. That the applicant undertakes to: (a) join and co-operate with the investigation as and when required by the investigating officer, on reasonable written notice; (b) not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case; (c) not leave India without the prior permission of this Hon'ble Court; and (d) abide by any other condition this Hon'ble Court may impose. 11. That [NO OTHER APPLICATION FOR ANTICIPATORY BAIL HAS BEEN FILED BY THE APPLICANT IN THIS CASE BEFORE THIS OR ANY OTHER COURT / AN APPLICATION WAS DISMISSED BY [COURT] ON [DATE], AND A COPY OF THAT ORDER IS ANNEXED]. PRAYER It is therefore most respectfully prayed that this Hon'ble Court may be pleased to: (a) direct that, in the event of arrest of the applicant in FIR No. [FIR NUMBER] dated [DATE], Police Station [NAME], under Sections [SECTIONS], the applicant shall be released on bail on such terms and conditions as this Hon'ble Court deems fit; (b) pending the hearing of this application, direct that no coercive action be taken against the applicant; and (c) pass any other order that this Hon'ble Court considers just and proper in the facts and circumstances of the case. Applicant Through Counsel [ADVOCATE'S NAME] Advocate, Enrolment No. [ENROLMENT NUMBER] [CHAMBER ADDRESS] [MOBILE NUMBER] | [EMAIL] Place: [PLACE] Date: [DATE] VERIFICATION Verified at [PLACE] on [DATE] that the contents of paragraphs 1 to 11 above are true and correct to my knowledge and belief, and nothing material has been concealed. [SIGNATURE OF APPLICANT] [NAME OF APPLICANT] AFFIDAVIT IN SUPPORT I, [NAME OF APPLICANT], S/o / D/o / W/o [NAME], aged about [AGE] years, R/o [ADDRESS], do solemnly affirm and state: 1. That I am the applicant in the above application and know the facts of the case. 2. That the contents of the accompanying application have been drafted on my instructions, and paragraphs 1 to 11 are true and correct to my knowledge. 3. That the annexures are true copies of their originals. DEPONENT Verified at [PLACE] on [DATE] that the contents of this affidavit are true and correct to my knowledge, and nothing material has been concealed. DEPONENT [SWORN BEFORE THE OATH COMMISSIONER / NOTARY AS REQUIRED BY THE COURT]
How to fill it in
- Pick the courtFile in the Sessions Court of the district where the FIR is registered. The High Court has concurrent power, but most High Courts expect you to explain why you did not approach the Sessions Court first. Go to the High Court after the Sessions Court refuses.
- Show a real reason to fear arrestParagraph 3 must state concrete facts — a police visit, a call, arrest of a co-accused, or a notice. A vague fear is not enough, and the court will look for it.
- Copy the FIR details exactlyUse the FIR number, date, police station and every section exactly as written in the FIR. For FIRs registered on or after 1 July 2024 the sections will be under the BNS; older FIRs will show IPC sections.
- Keep the grounds honestCourts look at the nature and gravity of the accusation, your antecedents, the chance of your fleeing, and whether the accusation seems meant to humiliate you. Do not deny facts the police can disprove from documents.
- Disclose earlier applicationsParagraph 11 must truthfully state any earlier anticipatory bail application and its result. Suppression is a common ground for dismissal.
- Sign, verify and swear the affidavitThe advocate signs the application; the applicant signs the verification and the affidavit, which is sworn before the oath commissioner or notary as the court requires. Attach the vakalatnama.
- Serve the Public ProsecutorGive an advance copy to the Public Prosecutor (and the complainant's counsel if required). The court usually calls for a police reply before deciding, and may grant interim protection meanwhile.
Documents to attach
- Copy of the FIR or the complaint (download from the state police website if available)
- Copy of any notice, summons or call record showing the apprehension of arrest
- Copy of the order of the Sessions Court, if the application is to the High Court
- Documents supporting your version (agreements, bank records, messages, earlier complaints)
- Affidavit in support of the application
- Vakalatnama signed by the applicant
- Identity and address proof of the applicant
- Medical records, if health is a ground
After anticipatory bail is granted
Keep a certified copy of the order with you. If the police arrest you in the case, show the order: under Section 482(3) BNSS, you must be released on bail on furnishing the bonds fixed by the court. You must also obey every condition, such as appearing before the investigating officer when called. Breach of conditions can lead to cancellation of the protection.
The Constitution Bench of the Supreme Court in Sushila Aggarwal v. State (NCT of Delhi) (2020) held that anticipatory bail need not be limited to a fixed period and can continue till the end of the trial, unless the court limits it for specific reasons.
Common mistakes
- Filing before a Magistrate, who has no power to grant anticipatory bail.
- Relying on a vague fear of arrest without stating any concrete fact.
- Hiding an earlier rejected application or a pending application in another court.
- Using old CrPC/IPC numbers in an FIR registered on or after 1 July 2024.
- Filing in a case under Section 65 or 70(2) BNS, or under a special law that bars anticipatory bail.
- Avoiding the investigation after getting protection, which leads to cancellation.
Frequently asked questions
Can anticipatory bail be filed before an FIR is registered?
Which court should I approach first, Sessions Court or High Court?
How long does anticipatory bail last?
Is anticipatory bail available for all offences?
Do I need anticipatory bail if I have received a Section 35 BNSS notice?
Reminder: This is a sample format for general information. It is not legal advice and does not create a lawyer–client relationship. Facts, court practice, court fees and stamp duty differ by state and by case. Check the current law and your local court rules, or speak to an advocate, before you file, send or sign it. Spotted an error? Tell us.