Scared of Arrest? Here’s How Anticipatory Bail Can Save You -Section 484 BNSS

SECTION 484 BNSS

What is Anticipatory Bail?

Anticipatory bail is a pre-arrest legal remedy provided under Section 438 of the Criminal Procedure Code (CrPC) and now replaced with (BNSS) Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) under Section 484.

It implies "Grant me bail before police arrests me, because I fear being falsely implicated."

NOTE:

• It’s different from regular bail (which is applied after arrest).

• It protects personal liberty in case of non-bailable offences.

When Can You Apply for Anticipatory Bail?

• A criminal case is likely or already registered

• You have reasonable fear of arrest (apprehension of arrest)

• A non-bailable offence is involved (e.g., 498A, dowry, cheating, rape, assault)

FOR EXAMPLE

Imagine a 30-year-old man named Ravi from Delhi. He recently had a heated argument with his wife. She left the house and warned that she would file a false dowry harassment case (now under Section 85 of BNS, earlier 498A IPC) against him and his family.

Fearing arrest even before an FIR is filed, Ravi approaches the Sessions Court with the help of a lawyer and applies for anticipatory bail under Section 484 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

The court hears his side, sees WhatsApp messages proving threats, and grants him pre-arrest bail with conditions. Now, even if the FIR is filed later, police cannot arrest him immediately without violating court orders.

When Can Anticipatory Bail Be Rejected?

Courts may reject it if:

• Serious allegations (like murder, rape)

• Applicant already has criminal background

• No fear of arrest shown

• Application is delaying tactics

Can Anticipatory Bail Be Cancelled?

Yes.

If you:

• Violate conditions

• Threaten witnesses

• Don’t cooperate with police

  
  

The opposing party or prosecution can file a cancellation application.

Anticipatory bail is not a free pass — it’s a protective remedy for the innocent who fear false arrest. Filing it early and strategically can save your reputation and liberty.