CrPC to BNSS
CrPC Section 438 in BNSS: Section 482
Section 438 of the Code of Criminal Procedure, 1973 (Direction for grant of bail to person apprehending arrest) corresponds to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Last updated 9 October 2026
CrPC 438 and BNSS 482 at a glance
| CrPC (old) | BNSS (new) | |
|---|---|---|
| Section | 438 | 482 |
| Heading | Direction for grant of bail to person apprehending arrest | Direction for grant of bail to person apprehending arrest |
| Mapping | Direct equivalent | |
What CrPC Section 438 covered
Empowers the High Court or Court of Session to direct that a person who has reason to believe he may be arrested on accusation of a non-bailable offence shall be released on bail in the event of arrest.
What changed in BNSS Section 482
BNSS Section 482 retains the power but drops the list of factors that CrPC Section 438(1) asked the court to consider, along with the provisions on interim orders and the presence of the applicant at the final hearing. Anticipatory bail remains unavailable for offences under Section 65 and Section 70(2) of the BNS, that is, rape of a woman under sixteen or under twelve and gang rape of a woman under eighteen.
Which law applies: CrPC or BNSS?
The BNSS came into force on 1 July 2024. Under Section 531 of the BNSS, an appeal, application, trial, inquiry or investigation that was pending immediately before that date is to be disposed of, continued, held or made under the CrPC as if the BNSS had not come into force. Courts have had to decide how this applies to cases that straddle the date, so check current case law for your facts.
Read the full text of both provisions before you cite them. The official bare acts are published on India Code.
CrPC 438: common questions
What is the new section for CrPC 438?
CrPC Section 438 (Direction for grant of bail to person apprehending arrest) corresponds to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
What changed between CrPC 438 and BNSS 482?
BNSS Section 482 retains the power but drops the list of factors that CrPC Section 438(1) asked the court to consider, along with the provisions on interim orders and the presence of the applicant at the final hearing. Anticipatory bail remains unavailable for offences under Section 65 and Section 70(2) of the BNS, that is, rape of a woman under sixteen or under twelve and gang rape of a woman under eighteen.
Does CrPC Section 438 still apply to older cases?
The BNSS came into force on 1 July 2024. Under Section 531 of the BNSS, an appeal, application, trial, inquiry or investigation that was pending immediately before that date is to be disposed of, continued, held or made under the CrPC as if the BNSS had not come into force. Courts have had to decide how this applies to cases that straddle the date, so check current case law for your facts.
Related CrPC sections
- CrPC 437 to BNSS 480 · Regular bail
- CrPC 439 to BNSS 483 · Bail by Sessions or High Court
- CrPC 436A to BNSS 479 · Undertrial release
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Not legal advice. This comparison is a research starting point. A mapped section is not proof that two provisions are identical. Read both bare acts, check commencement and any later amendment, and have a qualified advocate review anything you intend to rely on. Settl is not a law firm.