Anticipatory bail is granted by the High Court or Court of Session

Anticipatory bail under section 438 concerns a person apprehending arrest on an accusation of a non-bailable offence and may be sought from the High Court or Sessions Court. It does not replace the ordinary bailable-offence entitlement. Grant remains discretionary and subject to statutory exclusions, including the specified aggravated rape offences under section 438(4) after the 2018 amendment.

Current law: The corresponding provision is BNSS section 482. Subsection (4) excludes accusations under BNS sections 65 and 70(2); subsection (1) retains apprehended arrest for a non-bailable offence as the general setting.