The concept of anticipatory bail is for every person who fears accusation, detention or arrest in lieu of a non-bailable offence. Anticipatory bail is a prior remedy and an application for bail for an offence in which the punishment is that of imprisonment. In the newly enforced Bhartiya Nagarik Suraksha Sanhita, 2023, Section 482 provides for anticipatory, whereas, earlier, Section 438 of the Criminal Procedure Code, 1973 provided for the same. The power to grant anticipatory bail is only vested in a Sessions Court or the High Court. A Magistrate does not have power to grant anticipatory bail.
