A, an accused in an FIR alleging an offence under Section 65 of the Bharatiya Nyaya Sanhita, 2023, namely rape of a woman under sixteen years of age, applies for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The application:

Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 empowers the High Court or the court of session to grant anticipatory bail where a person apprehends arrest in connection with a non-bailable offence. However, the proviso to the section bars anticipatory bail for offences under Section 65, rape of a woman under sixteen years, and under Section 70(2) of the Bharatiya Nyaya Sanhita, 2023, which carry enhanced punishments of not less than twenty years or imprisonment for life. Since the FIR alleges an offence under Section 65 of the BNS, A's application is not maintainable. The bar is absolute and does not depend on which forum is approached or on the stage of the proceedings.