ValkyaEditorial

Tagged “section-438”

1 article on section-438.

Landmark JudgmentChhattisgarh High Court

Section 482 BNSS and the wider anticipatory-bail discretion: a Chhattisgarh High Court reading

Section 482 of the BNSS replaced Section 438 of the CrPC on 1 July 2024, but did so without reproducing the statutory guiding factors — nature of accusation, antecedents, possibility of fleeing — that the CrPC had attached. A reading of the Chhattisgarh High Court's diagnosis of what this means for the anticipatory-bail discretion, and how trial courts and the bar should approach the post-BNSS framework.

Valkya Editorial··9 min