Bombay High Court Explains Limited Bar on Anticipatory Bail Under Section 482(4) BNSS

The Bombay High Court held that Section 482(4) BNSS does not prevent a court from examining whether the prima facie ingredients of specified serious sexual offences are disclosed.

Background

The provision restricts anticipatory bail where accusations involve offences under Sections 65 or 70(2) BNS. The Court considered maintainability in applications arising from separate allegations involving minors.

Legal issue and reasoning

Justice M M Nerlikar explained that the court must first assess whether the statutory offence is prima facie made out; when it is, the bar operates. This threshold inquiry is not a full trial on credibility.

Outcome and next step

Courts considering such applications must apply the statutory bar after examining the necessary offence ingredients.