Comprehensive Guide on How to Apply for Anticipatory Bail in India for NRIs and Foreigners – 1: Anticipatory Bail: Difference between Indian Law and UK/US Criminal Procedure | Indian Legal Framework in 2025: Old and New Laws (Criminal Laws) | Documents Checklist updated in 2025
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Anticipatory bail is an important panacea for any individual; it is a legal remedy that is imposed on any individual for a non-bailable offence. It becomes important for NRIs settled across the globe, as they always have a fear of getting arrested and other problems due to criminal complaints filed due to property, business, or family disputes. Through this article, we will try to understand the new laws in Indian Penal Code 1860 (IPC), Code of Criminal Procedure 1973 (CrPC) and Indian Evidence Act 1872 (IEA) for NRIs and foreign nationals in India in 2024-25; legal reforms; Bharatiya Nyaya Sanhita (BNS),2023 Bharatiya Sakshya Adhiniyam (BSA),2023 Bharatiya Nagrik Suraksha Sanhita (BNSS),2023 landmark judgements, directions and legal nuances and difficulties of the Hon’ble Supreme Court; and try to understand the method and aspect of anticipatory bail in the current perspective.
Why Anticipatory Bail is Important for NRIs and Foreigners
NRIs and foreigners living abroad cannot escape any type of criminal complaint filed in India, especially in cases such as Property disputes, Family disputes, such as domestic violence, Professional differences, and Online cybercrime/fraud.
If a person is accused of a non-criminal offence (such as fraud or domestic violence), he or she can be arrested at the airport on arrival in India or summoned to the court through a court summons. NRIs and foreigners can protect themselves from this by resorting to anticipatory bail.
Mainly NRIs and foreigners seek anticipatory bail in the following cases:
● Property disputes and fraud cases, which earlier used to fall under section 420 IPC, now fall under section 316 BNS.
● Domestic violence and cruelty, which earlier used to fall under 498A IPC, now fall under section 85 BNS.
● Financial, economic, and fraud cases which fall under various sections of BNS.
Family disputes, which later turn into criminal complaints. A proper understanding of such common crimes will help the applicant to understand the new law and properly apply for bail.
Anticipatory Bail: Difference between Indian Law and UK/US Criminal Procedure
In India, after a criminal complaint is filed against a person, under Section 438 CrPC (now Section 482 BNSS), the person is granted bail from the Sessions Court/High Court before his arrest, whereas in the UK/US, bail is granted after arrest. Therefore, anticipatory bail protects fundamental rights by providing important pre-arrest protection. NRIs/foreigners can secure themselves by taking anticipatory bail so that they do not have to face a legal notice of arrest from the court/police on arrival in India as soon as they land at the airport.
Data & Case Study on Anticipatory Bail in India (2023 – 25)
The Hon’ble Delhi High Court and other Chief Courts have increasingly adopted the facility of virtual hearings and e-filing for anticipatory bail to NRIs and foreigners. According to the Times of India, in 2025, in an NDPS case, a single bench of Justice Shailendra Kaur granted anticipatory bail to the accused on the ground that there was no connection between the accused and the drug dealer. This reflects the judicial caution and fairness with which the court protects the fundamental rights of foreign nationals even in their cases.
Indian Legal Framework in 2025: Old and New Laws (Criminal Laws)
● Old Law: Section 438 of the Code of Criminal Procedure, 1973 (CrPC)
● New Law: Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)
● Offences: Previously under the Indian Penal Code, 1860 (IPC); now under the Bharatiya Nyaya Sanhita, 2023 (BNS)
● Evidence: Indian Evidence Act, 1872 (IEA) replaced by Bharatiya Sakshya Adhiniyam, 2023 (BSA)
Example:
● Section 420 IPC (Cheating) is now Section 316 BNS
● Section 498A IPC (Cruelty) is now Section 85 BNS
Latest Legal Developments (2025)
● E-Filing and Virtual Hearings: Most High Courts now allow e-filing of anticipatory bail applications and virtual hearings, enabling NRIs and foreigners to participate remotely.
● Stricter Scrutiny: Courts require detailed justifications for anticipatory bail in economic offences, cybercrimes, and offences against women and children.
● Supreme Court Guidance: Anticipatory bail is not blanket immunity and may be subject to strict conditions, especially under the new codes.
Checklist: Documents Required for Anticipatory Bail Application in India (2025)
● Copy of FIR or complaint
● Passport and visa copies proving NRI/foreigner status
● Proof of residence abroad
● Travel and communication records relevant to the case
● Affidavit stating facts and grounds for bail
● Vakalatnama is represented by a lawyer
The following mistakes should be avoided for anticipatory bail in India (Mainly for NRI Foreigners)
Any person in India, be it an NRI/Foreigner, a small common mistake can legally make any person’s bail plea successful or unsuccessful, which is very important for any person to avoid.
Delay in application process after arrest: Anticipatory bail is a remedy for any person who has been arrested earlier. A Delay in an application can also lead to arrest.
Filing a case in the wrong judicial jurisdiction: Not filing an anticipatory bail plea in the proper regional session court or high court can also create problems.
Submitting incomplete documents: Submitting incomplete and wrong documents in haste can also lead to rejection of the plea.
Ignoring or missing a virtual date: Missing the date during the hearing leads to rejection of the bail plea.
Violating bail conditions: Once bail is granted, a minor mistake that has been included as a condition, if violated, leads to the dismissal of the bail plea.
Authored by: Adv. Anant Sharma (Connect on Linkedin)
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