Anticipatory bail allows a person apprehending arrest for a non-bailable offence to seek pre-arrest bail. Under the BNSS, 2023, this power is located in Section 482, mirroring the erstwhile Section 438 CrPC.
## Where to apply An application lies before the Court of Session or the High Court. Practitioners should be prepared to justify the choice of forum.
## Factors the court weighs The nature and gravity of the accusation, the antecedents of the applicant, the possibility of the applicant fleeing justice, and whether the accusation appears to be made to injure or humiliate.
## Drafting tips State the apprehension of arrest with specificity, annex any FIR or complaint, and propose reasonable conditions the applicant is willing to abide by.