Anticipatory Bail Section
Section 438(1) of the Criminal Procedure Code contains the provisions relating to anticipatory bail. It was suggested by the Indian Law Commission that it will be included in the Criminal Procedure Code (CrPC). Anticipatory bail may be used as a weapon to obtain justice in some situations where the accused is wrongfully charged. When anticipatory bail is involved, the accused is required to appear in court as instructed. Only in extreme cases is anticipatory bail given.
What is Anticipatory Bail? Conditions, Safeguards – UPSC Notes
Anticipatory Bail is a legal provision that allows an individual anticipating arrest for a non-bailable offense to seek bail in advance. Pre-arrest bail is granted under section 438 of the Code of Criminal Procedure, 1973. This unique provision permits a person to apply for bail before the police arrest them. However, specific eligibility criteria must be met to qualify for this type of bail. Only the High Court and Sessions Court can grant anticipatory bail.
Table of Content
- What is Anticipatory Bail?
- Anticipatory Bail Section
- Legal Framework of Anticipatory Bail
- Eligibility for Anticipatory Bail
- Procedure to Obtain Anticipatory Bail
- Anticipatory Bail vs Regular Bail
- Cases and Precedents
- Advantages and Limitations of Anticipatory Bail
- Anticipatory Bail Cost
- How Does Anticipatory Bail Protect People?
- When Can an Anticipatory Bail Get Cancelled?
This article explains anticipatory bail, covering its meaning, provisions, conditions, relevant legal sections, associated costs, and more.
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