How long does anticipatory bail last? The Supreme Court’s answer

People who obtain anticipatory bail often ask whether the protection runs out after a few months, or whether they must go back to court once the police file the chargesheet. The Supreme Court settled this in 2020.

The question

For years, decisions of the Supreme Court pointed in different directions. Some said anticipatory bail should be granted only for a limited period, after which the accused had to surrender and apply for regular bail. Others, following the Constitution Bench in Gurbaksh Singh Sibbia v. State of Punjab (1980), said the law placed no such limit. The question was referred to a five-judge bench.

What the Court held

In Sushila Aggarwal v. State (NCT of Delhi), decided on 29 January 2020, the Constitution Bench held that:

• anticipatory bail need not be limited to a fixed period, and should not be limited as a matter of routine
• it does not end automatically when the chargesheet is filed or the court summons the accused, and normally continues until the end of the trial
• a court may still limit the period or impose conditions where the facts of a particular case call for it
• an application can be made even before an FIR is registered, if the fear of arrest is based on concrete facts and not vague apprehension
• the order relates to the specific accusation or incident; it does not protect against arrest in another case
• the police or the complainant can ask the court to cancel it if the accused misuses the liberty or breaks its conditions

Under the new law

Since 1 July 2024, anticipatory bail is granted under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which carries forward the old Section 438 of the CrPC. Courts continue to apply Sushila Aggarwal and Gurbaksh Singh Sibbia to it.

When the chargesheet is filed

When the trial court takes cognizance and summons the accused, the accused appears before it. An accused who has anticipatory bail does not have to surrender and seek regular bail merely because the chargesheet has been filed, though the trial court may ask for a bond for appearance. Separately, in Siddharth v. State of Uttar Pradesh (2021), the Supreme Court held that where an accused was not arrested during the investigation and has cooperated with it, the police need not arrest them merely to file the chargesheet.

Conditions still matter

An anticipatory bail order usually requires the accused to attend for questioning when called, not to contact or threaten witnesses, and not to leave India without the court’s permission. Breaking a condition is the most common reason the protection is withdrawn.

What it does not cover

• Anticipatory bail is not available for accusations under Section 65 or Section 70(2) of the Bharatiya Nyaya Sanhita, 2023, and some special laws restrict it.
• It covers the accusation for which it was granted. If more serious offences are added later, the police can seek the court’s permission to arrest for them, and fresh protection may need to be sought.

For how to apply, which court to approach in Coimbatore, and what to keep ready, see the anticipatory bail guide.

Common questions