ANTICIPATORY BAIL UNDER BNSS: SCOPE, LIMITATIONS, AND CONFLICTING JUDICIAL INTERPRETATIONS
Hastakshar Singh, Student, 10th Semester, BA LLB(H), Amity Law School, Amity University Lucknow (India)
Dr. Axita Srivastava, Assistant Professor at Amity Law School, Amity University Lucknow (India)
Anticipatory bail operates as a critical safeguard against arbitrary arrest and unnecessary pretrial detention, drawing normative strength from Article 21 and the presumption of innocence. The enactment of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) has re-codified criminal procedure and recast anticipatory bail through section 482, broadly retaining the structure of section 438 of the Code of Criminal Procedure, 1973 while introducing notable textual and policy shifts. This paper undertakes a doctrinal and analytical study of anticipatory bail under BNSS, focusing on its scope, statutory conditions, and emerging judicial interpretations. It examines the constitutional foundations of prearrest liberty, the relationship between anticipatory bail and investigative needs, and the operational significance of conditions designed to prevent tampering, intimidation, and noncooperation. Particular attention is given to the categorical exclusion under section 482(4) for specified aggravated sexual offences under the Bharatiya Nyaya Sanhita, 2023, and the interpretive controversies arising from its language. The paper also maps conflicting approaches among courts on maintainability, duration, and interaction with special statutes, highlighting the risks of inconsistency and forum shopping. It concludes by proposing interpretive and institutional measures to ensure that BNSS anticipatory bail jurisprudence remains constitutionally coherent, victim sensitive, and uniformly applied.
| 📄 Type | 🔍 Information |
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| Research Paper | LawFoyer International Journal of Doctrinal Legal Research (LIJDLR), Volume 4, Issue 1, Page 1867–1894. |
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