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Code of Criminal Procedure, 1973

CrPC Section 438 in BNSS

§ 438 CrPC→§ 482 BNSS

Direction for grant of bail to person apprehending arrest. 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.

Note: Anticipatory bail

Verify before you rely on this. Renumbering under the 2023 codes is not a clean one-to-one exercise — provisions were merged, split and reworded. Always check the printed bare act.

Where this sits in the exam

This provision is examined under CrPC & Bharatiya Nagarik Suraksha Sanhita, worth 10 of the 100 marks in AIBE XXII. The paper permits bare acts but bans notes, so what matters is finding it quickly, not reciting the number.

Questions that turn on this section

Anticipatory bail is granted under:

Answer & explanation

Section 482 BNSS

This is the successor to Section 438 CrPC. It is a direction that in the event of arrest the person shall be released on bail, available where there is reason to believe arrest for a non-bailable offence is imminent.

Where to find it: BNSS, Chapter XXXV

The inherent powers of the High Court to prevent abuse of process and secure the ends of justice are contained in:

Answer & explanation

Section 528 BNSS

This corresponds to Section 482 CrPC. State of Haryana v. Bhajan Lal (1992) sets out the categories in which an FIR may be quashed under this power.

Where to find it: BNSS, Chapter XXXVIII

An FIR may be quashed by a High Court exercising powers under:

Answer & explanation

Section 528 BNSS, its inherent jurisdiction

The inherent power (formerly § 482 CrPC) is used to prevent abuse of process or to secure the ends of justice.

Where to find it: Chapter XXXVII — Miscellaneous

Sections either side of it

How the neighbouring provisions of the Code of Criminal Procedure, 1973 were renumbered:

CrPCProvisionBNSS
436In what cases bail to be taken478
436AMaximum period for which undertrial prisoner can be detained479
437When bail may be taken in case of non-bailable offence480
439Special powers of High Court or Court of Session regarding bail483
451Order for custody and disposal of property pending trial497
452Order for disposal of property at conclusion of trial498

Practise it

Cutoff has AIBE XXII questions on this area, each cited to both codes with a line telling you where to find it in the bare act. Ten questions per subject are free, no account needed.

Practise free Full CrPC→BNSS table