CrPC Section 438 — Direction for grant of bail to person apprehending arrest

Summary

If you believe you might be arrested for a non-bailable offence, you can ask the High Court or the Court of Session for an order that you be released on bail if arrested. The court may grant this order and can add conditions, such as requiring you to appear for police questioning, not threatening or influencing witnesses, not leaving India without permission, or following other standard bail conditions. If the court grants this order and you are later arrested without a warrant, you must be released on bail if you are ready to give bail at the time of arrest or while in custody. This section does not apply to certain serious sexual offences under specific sections of the Indian Penal Code.

Official Text

438. Direction for grant of bail to person apprehending arrest.—

(1) When any person has reason to believe that he may be arrested on an accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Session for a direction under this section; and that Court may, if it thinks fit, direct that in the event of such arrest, he shall be released on bail.

(2) When the High Court or the Court of Session makes a direction under sub-section (1), it may include such conditions in such directions in the light of the facts of the particular case, as it may think fit, including—

(i) a condition that the person shall make himself available for interrogation by a police officer as and when required;

(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

(iii) a condition that the person shall not leave India without the previous permission of the Court;

(iv) such other condition as may be imposed under sub-section (3) of section 437, as if the bail were granted under that section.

(3) If such person is thereafter arrested without warrant by an officer in charge of a police station on such accusation, and is prepared either at the time of arrest or at any time while in the custody of such officer to give bail, he shall be released on bail; and if a Magistrate taking cognizance of such offence decides that a warrant should be issued in the first instance against that person, he shall issue a bailable warrant in confirmity with the direction of the Court under sub-section (1).

(4) Nothing in this section shall apply to any case involving the arrest of any person on accusation of having committed an offence under sub-section (3) of section 376 or section 376AB or section 376DA or section 376DB of the Indian Penal Code (45 of 1860).

Related Provisions

anticipatory bail

• BNSS §482 — Direction for grant of bail to person apprehending arrest

Related Judgments

• S.C.R. 621 621 RAHNA JALAL v. STATE OF KERALA AND ANOTHER — Supreme Court of India (2020)
• LAVESH v. STATE — Supreme Court of India (2012)
• USMANBHAI DAWOODBHAI MENON & ORS. ETC v. STATE OF GUJARAT MARCH 14, 1988 — Supreme Court of India (1988)
• S.C.R. 79 79 THE DIRECTORATE OF ENFORCEMENT v. M. GOPAL REDDY & ANR — Supreme Court of India (2023)
• INSC 1008 525 CASE DETAILS PRIYA INDORIA v. STATE OF KARNATAKA AND ORS. ETC — Supreme Court of India (2023)
• DDHARAM SATLINGAPPA MHETRE v. STATE OF 215 MAHARASHTRA — Supreme Court of India (2010)
• BALCHAND v. MADHYA PRADESH — Supreme Court of India (1977)
• SUSHILA AGGARWAL AND OTHERS v. STATE — Supreme Court of India (2020)

Old <-> New Code Mapping

• BNSS §482 — Direction for grant of bail to person apprehending arrest