Direction for grant of bail to person apprehending arrest
AI Assist
Summary
A person who reasonably believes they may be arrested for a non-bailable offence can ask the High Court or Court of Session to direct that they be released on bail if arrested. The court may grant that direction and attach conditions such as being available for police questioning, not influencing witnesses, or not leaving India without permission. If later arrested without warrant and ready to give bail, the person must be released and any initial warrant must be bailable. The rule excludes certain offences specified under the Bharatiya Nyaya Sanhita.
Example
Priya thinks she may be arrested for a non-bailable theft allegation, so she applies to the High Court asking that if arrested she be released on bail. The court grants bail with conditions that she must be available for police questioning and not leave India without permission. Later the police arrest her without a warrant; because she is ready to give bail she is released immediately and any initial warrant must be bailable as directed.
Bare Act
Enacted text(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 480, 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 conformity 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 section 65 and sub-section (2) of section 70 of the Bharatiya Nyaya Sanhita, 2023.
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