2026-08-12

Anticipatory bail in Delhi, after the BNSS

The application is still a document case: FIR, role, and why custody is not required. The new code did not make it a slogan.

Anticipatory bail is now sought under the Bharatiya Nagarik Suraksha Sanhita. The old section number is gone; the questions are not. A Delhi court will still ask: what is the accusation, what is the applicant’s alleged role, is there a likelihood of arrest, and are there facts that make custodial interrogation unnecessary.

The Sessions Court is ordinarily the first door in Delhi. The High Court is not a parallel counter for a petition that has not yet been tried where the statute first places it, unless the papers show why.

Before a conference: the FIR (or the complaint), any notice under the BNSS, the applicant’s documents of identity and residence, and a candid note of prior cases. WhatsApp rumours of an FIR are not an FIR.

General information on procedure in Delhi. Not a view on any accused or complainant.

General information under Indian law. Not an opinion, not a retainer, not a substitute for a conference on your papers.

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