What is anticipatory bail?

Definition

? Anticipatory bail is a legal protection granted to a person who fears arrest in a non-bailable offense. It allows the person to seek bail before arrest, preventing police custody.

Legal Provision

?? Section 438 of the Code of Criminal Procedure (CrPC), 1973 governs anticipatory bail in India.

Who Can Apply?

? Any person who anticipates being arrested for a non-bailable offense can apply for anticipatory bail.

Where to Apply?

?? Sessions Court

?? High Court (if rejected by Sessions Court)

Key Conditions for Granting Anticipatory Bail

The court considers:

?? Nature and gravity of the offense

?? Criminal history of the applicant

?? Possibility of absconding or tampering with evidence

?? Cooperation with investigation

Situations Where Anticipatory Bail May Not Be Granted

? Serious crimes like murder (IPC 302), rape (IPC 376), terrorism (UAPA), drug cases (NDPS Act - commercial quantity), POCSO Act offenses

? Offenses under SC/ST (Prevention of Atrocities) Act

Process of Filing Anticipatory Bail

1?? File an application in Sessions Court or High Court.

2?? Court issues a notice to the police.

3?? Hearing takes place; the court may grant interim protection.

4?? If approved, the applicant is protected from arrest under set conditions.

Conclusion

Anticipatory bail is a preventive relief to ensure no unnecessary harassment or wrongful arrest. However, it is subject to court discretion based on case merits.

Important: Kindly Refer New Corresponding Sections of Bharatiya Nyaya Sanhita 2023, (BNS); Bharatiya Nagarik Suraksha Sanhita 2023, (BNSS); & Bharatiya Sakshya Adhiniyam 2023, (BSA) for IPC; CrPC & IEA used in the article.

Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.

Adcocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)

Contact: 88271 22304

www.jsrohilla.in