Code of Criminal Procedure, 1973
CrPC Section 438 in 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.
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.
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.
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.
Sections either side of it
How the neighbouring provisions of the Code of Criminal Procedure, 1973 were renumbered:
| CrPC | Provision | BNSS |
|---|---|---|
| 436 | In what cases bail to be taken | 478 |
| 436A | Maximum period for which undertrial prisoner can be detained | 479 |
| 437 | When bail may be taken in case of non-bailable offence | 480 |
| 439 | Special powers of High Court or Court of Session regarding bail | 483 |
| 451 | Order for custody and disposal of property pending trial | 497 |
| 452 | Order for disposal of property at conclusion of trial | 498 |
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