Question

A person who apprehends arrest on accusation of having committed a non-bailable offence seeks a direction that he be released on bail in the event of arrest (anticipatory bail): Under the Bharatiya Nagarik Suraksha Sanhita, 2023, where an offence is under BNS Section 65 (rape of a woman under 16) or Section 70(2) (aggravated gang rape involving minors), the court:

A Shall NOT grant anticipatory bail, the bar being expressly provided (BNSS Section 482(4))
B Must grant anticipatory bail as of right
C Can grant bail only with the prosecutor's consent
D Retains unlimited discretion to grant it
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