Anticipatory Bail
1. What is meant by Anticipatory Bail?
A directive to release someone on bail that is given even before they are taken into custody is known as anticipatory bail. Only the Sessions Court and High Court are authorized to issue it.
2. In which cases Anticipatory Bail is Granted?
Anticipatory bail can be granted when an individual anticipates arrest for a non-bailable offense. If someone believes they might be arrested, they can apply for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973. This application can be made to either the High Court or the Sessions Court, seeking a directive to grant anticipatory bail.
3. What is Normal Bail vs Anticipatory Bail?
Anticipatory bail is intended to prevent arbitrary arrests and allow the person time to prepare in case they occur, whereas normal bail is used to guarantee an accused person’s release after they have been taken into custody and brought before a judge.
4. What is the Time Limit for Anticipatory Bail?
An anticipatory bail order’s life or duration can extend until the conclusion of the trial rather than ending at the point at which the accused is typically called before the court or charges are brought.
5. Who Cannot get a Anticipatory Bail?
After observing the rulings in State of M.P. v. Pradeep Sharma, (2014) 2 SCC 171, and Lavesh v. State (NCT of Delhi), (2012) 8 SCC 730, wherein the Court emphasized that an accused criminal would not be entitled to anticipatory bail.
6. Is an FIR necessary for Anticipatory Bail?
No, an FIR (First Information Report) is not a prerequisite for Anticipatory Bail. According to the Criminal Procedure Code (CrPC), individuals can apply for Anticipatory Bail both before and after the filing of an FIR. Therefore, the absence of an FIR does not hinder someone from seeking Anticipatory Bail.
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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