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:

Section 482(4) of the BNSS, 2023 expressly provides that anticipatory bail shall NOT be available (the court shall not grant it) for offences under Section 65 of the BNS (rape of a woman below 16) and Section 70(2) BNS (aggravated/discriminatory commission where the victim is a minor). This tightens the protection for minor victims of sexual offences by denying the pre-arrest bail window. For other non-bailable offences, the court has the discretion under Section 482 to grant anticipatory bail subject to the prescribed considerations. The statutory bar for the minor-victim offences is a landmark, exam-relevant immovable point in the BNSS.