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Maharashtra Bill Proposes Mandatory Presence of Anticipatory Bail Applicant at Final Hearing if Court Deems It Necessary

Maharashtra Bill Proposes Mandatory Presence of Anticipatory Bail Applicant at Final Hearing if Court Deems It Necessary

BNSS Anticipatory Bail Amendment

The Maharashtra Government has introduced the Bharatiya Nagarik Suraksha Sanhita (Maharashtra Amendment) Bill, 2026 proposing several amendments to the BNSS, including a significant change to Section 482 governing anticipatory bail.

The Bill seeks to insert a new Section 482(1A) making the presence of an applicant seeking anticipatory bail mandatory at the time of final hearing and passing of the final order, if the Public Prosecutor moves an application and the Court considers such presence necessary in the interest of justice. According to the Statement of Objects and Reasons, the proposal restores a provision that earlier existed under the Code of Criminal Procedure, 1973, as applicable to Maharashtra, but was omitted after the enactment of the BNSS.

Besides the anticipatory bail provision, the Bill also proposes amendments relating to the appointment of Special Executive Magistrates, inclusion of electronic and digital records within the scope of forfeiture provisions, delegation of property attachment approval powers to Joint Commissioners of Police, inclusion of NDPS offences under security-for-good-behaviour provisions, restoration of remand powers for preventive detention in public order cases, and extension of the period for preliminary enquiry in cognizable offences from 14 days to six weeks.