Anticipatory Bail — Preserved with Open-Ended Grant and Digital Conditions

Explanation

BNSS Section 484 preserves anticipatory bail with the same fundamental structure as CrPC Section 438 — same applicability (non-bailable offences), same courts (High Court and Sessions Court), same factors (nature of accusation, antecedents, flight risk, mala fide intent). Two significant additions: first, the Sushila Aggarwal (2020) constitution bench ruling (open-ended anticipatory bail is permissible) is now reflected in the statutory framework — BNSS Section 484 does not impose an automatic expiry date on anticipatory bail, allowing courts to grant open-ended protection; second, electronic monitoring conditions are explicitly contemplated — GPS tracking devices, digital check-in requirements, and e-passport surrenders can be imposed as conditions, reflecting modern enforcement technology. The same jurisprudential principles from Gurbaksh Singh Sibbia (1980) and Sushila Aggarwal (2020) continue to govern the exercise of BNSS Section 484 jurisdiction.