The IUP Journal of Law Review
Anticipatory Bail Provisions in India: A Review

Article Details
Pub. Date : Jan, 2020
Product Name : The IUP Law Review
Product Type : Article
Product Code : IUPLR40120
Author Name :Meera Kumari Singh
Availability : YES
Subject/Domain : Law
Download Format : PDF Format
No. of Pages : 09

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Abstract

This paper discusses the anticipatory bail provisions in India. Under Section 438 of the Criminal Procedure Code (CrPC), there is a provision for a person to seek ‘Anticipatory Bail’. This denotes that an individual can seek or request to get bail in anticipation or in prospect of being denominated or incriminated of having committed a non-bailable offense. Section 438 of the CrPC prescribes that a person may apply to an opportune High Court or Court of Sessions for anticipatory bail when he has reason to believe that he may be apprehended on incrimination of having committed a non-bailable offense (note that this provision does not apply in every state in India). The filing of an FIR is not an indispensable pre-condition for the filing of an application for anticipatory bail. When directing the grant of anticipatory bail, the court may set such conditions as it deems fit. Anticipatory bail orders are customarily time-bound and are not granted as a matter of right. The court must be slaked that the person will not interfere with the investigation or hamper the inquiry into the malefaction and that the incriminated would be subjected to undue harassment or unjustified detention if the order were not to be granted. Anticipatory bail is denoted to be a safeguard for a person who has erroneous incrimination or charges made against him/her, most commonly due to professional or personal enmity, as it ascertains the relinquishment of the erroneously incriminated person even before he/she is apprehended. Anticipatory bail is customarily not granted for heinous crimes (rape, murder, etc.). Pursuant to granting of anticipatory bail and the arrest of the person, the person must be relinquished upon consummating the conditions of the bail (depositing the mentioned surety).


Description

The Criminal Procedure Code (CrPC) does not characterize the words anticipatory bail.1 Anticipatory bail gives that an individual who accepts that he may get arrested for a non-bailable offense, then that individual may apply to either the High Court or the Sessions Court so as to get a heading for award of anticipatory bail under Section 438 of CrPC.2 Anticipatory bail is allowed before capture and thus it gets usable from the exact instant when the arrest has occurred, anyway the typical bail can be conceded simply after arrest.

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