Library · Legal reference

Important Legal Definitions

Explore legal terms, clear definitions and practical examples.

← All definitions

Anticipatory Bail (Section 438 CrPC / Section 482 BNSS)

Criminal Procedure & Jurisprudence Terms

Definition

A pre-arrest judicial direction issued by a Sessions Court or High Court directing that in the event an individual is arrested on accusation of having committed a non-bailable offence, they shall be released on bail immediately.

Example

In Sushila Aggarwal v. State (NCT of Delhi), a five-judge Constitution Bench held that the protection of anticipatory bail ordinarily continues until the conclusion of the trial unless revoked for exceptional grounds.