Before arresting the police on any charge, a person can apply for anticipatory bail from the court. The Civil Code of Criminal Procedure, 2074 has been amended to protect citizens from the courts if the government tries to abuse the police to take revenge without sufficient grounds and evidence to arrest.

Anticipatory bail is proposed in the draft Code Amendment Bill prepared by the Ministry of Law, Justice and Parliamentary Affairs. However, those accused of heinous crimes will not have such a facility. Offenses punishable by life imprisonment or imprisonment for more than 10 years are listed as felonies. Foreign nationals including those accused of such offences, those whose cases are pending in any court and those who have previously been convicted in criminal cases shall not have the right to seek anticipatory bail. Apart from that, it is being tried to give the right to ask for anticipatory bail if it is thought that he may be arrested or if an arrest warrant is issued or if he is kept in custody. 

According to Man Bahadur Aryal, joint secretary of the law drafting division of the ministry, the preliminary draft for the revision of the code has been prepared. He said that the amendment to the law was proposed with the aim of 'listen first and then arrest only'. He said that the draft will be finalized after the suggestions of concerned agencies and experts. "We are trying to make such a proposal by looking at the international practice regarding advance bail and the needs within the country," said Aryal.

The system of advance bail which is in practice in different countries is new in the case of Nepal. The private sector has been demanding legal arrangements regarding advance bail from the government. They demand that the current legal system should be reformed to first arrest as soon as an accusation is made. 

Chapter 7 of the Civil Code of Criminal Procedure has provisions related to arrest, bail and bail. It is proposed by the ministry to amend the section 67 of the same and add the provision that advance bail can be given in the new section 67A. If there is an application for anticipatory bail, the court should give a decision on it immediately. The court may grant anticipatory bail if the petitioner does not find prima facie credibility of his involvement in the offense committed or likely to be committed. Likewise, if there is no objective basis for detention and investigation, the court may grant anticipatory bail if there is no possibility of the relevant person interfering in the collection of evidence or disappearing evidence. 

A person granted anticipatory bail by the court must comply with conditions such as assisting during the investigation and being present when called by the investigating agency, not leaving the country without the court's permission, and not leaving the place if the court has set a location limit. Anticipatory bail cannot be applied for when the charge sheet has been registered in the court. According to the draft prepared by the ministry, the status of anticipatory bail will remain until the court orders the detention. If the order of anticipatory bail is not issued by the lower court, there will be a facility to file an application in the court hearing the appeal. It is mentioned in the draft that the court should give priority to the application for anticipatory bail and take action and discard it.  In the draft

bill, it is proposed to summon the person accused of other than heinous or serious crime to appear first. An offense punishable by imprisonment for a term of ten years in excess of three years is considered a serious offense by the Code. According to the proposal of the Ministry, in the case of amendments to the law, the police will first call the accused in a case with a sentence of less than three years to appear, and only if they are absent, an arrest warrant will be issued against them.