Eligibility for Anticipatory Bail
The following are the eligibility for Anticipatory Bail:
- An anticipatory bail can be obtained from a Sessions Court or High Court by any Indian citizen who is facing charges for either a cognizable or non-cognizable offense and anticipates being arrested.
- People typically seek Anticipatory Bail when they think they may be jailed due to fabricated charges or false accusations against them in a case.
- For example, the accusations can result from a fabricated case. In the event that the applicant is arrested, the court may order the relevant authorities to release them on bond if it finds matter in the case.
- Anticipatory bail should not be interpreted as an assurance that the defendant won’t be taken into custody. If the subject breaches the terms of their bail or if more evidence becomes available, the police have the right to make an arrest. Pre-arrest bail, or anticipatory bail, gives the person a little time off and protects their freedom until the court makes a decision.
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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