Question
An accused person apprehends arrest for a cognizable
offence and seeks protection through bail before arrest. Under which section of the Bharatiya Nagarik Suraksha Sanhita, 2023 can the High Court or Court of Session grant such anticipatory bail?Solution
Section 482 of BNSS, 2023 provides "Direction for grant of bail to person apprehending arrest". The section empowers the High Court or Court of Session to grant anticipatory bail to a person who has reason to apprehend arrest in connection with the commission of a non-bailable offence. The person can approach the Court seeking protection, and the Court may grant bail on such terms and conditions as it deems fit. This provision allows a person to secure their release in advance before actual arrest occurs, provided the Court is satisfied that the person's apprehension of arrest is reasonable. Sections 480-481 deal with bail in non-bailable offences and bail requirements for appearance, but Section 482 specifically addresses anticipatory bail.
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