Anticipatory Bail [Important UPSC Topics]

Anticipatory Bail is a provision that enables a person expecting arrest for a non-bailable offense to apply for bail beforehand. A person can apply for anticipatory bail even before they are arrested by the police. However, the person needs to fulfill an eligibility criteria in order to apply for this type of bail.

Only High Court and Sessions Court can grant this type of bail. In this article, we have explained anticipatory bail in detail, along with its meaning, provisions, conditions, section, cost, format, and more.

Anticipatory Bail Meaning

Anticipatory bail refers to the type of bail that is granted when an accused is anticipating an arrest. Indian criminal laws allow a person to get bail in anticipation of an arrest for committing a non-bailable offense. To avail of anticipatory bail, a person needs to fit into an eligibility criteria. Here are some important details about this type of bail.

• Anticipatory Bail comes under the Criminal Procedure Code's Section 438(1).
• This section was included in the Criminal Procedure Code (CrPC) after the Law Commission of India recommended its incorporation.
• It is wise to note that a person can only apply for anticipatory bail if the offense is non-bailable in nature.

Anticipatory Bail Section

The Section that covers anticipatory bail comes under the Criminal Procedure Code, Section 438(1). The Law Commission of India recommended its incorporation into the Criminal Procedure Code (CrPC). In certain cases where the accused is charged falsely, anticipatory bail can become the tool to get justice.

• In the case of anticipatory bail, appearing in court as and when directed becomes an obligation for the accused.
• Anticipatory bail is only granted in exceptional circumstances.

Anticipatory Bail Cost

On average, the cost for anticipatory bail can range from ₹25,000 to ₹30,000, depending on the case. Usually, the more serious the case, the costlier the bail would be. To avail of the anticipatory bail, the accused must submit an application to the Sessions Court or High Court. The Court can take the decision of accepting or rejecting the bail plea.

The cost of anticipatory bail also depends upon the skills of an individual’s lawyer. A skilled lawyer can help an individual get cheaper bail than an inexperienced lawyer.

Anticipatory Bail Conditions

Anticipatory bail is admitted by Courts of Session or High Courts. After evaluating the merit of the application, the Court may grant the bail on the below-mentioned conditions:

1. The accused must be available whenever s/he is called for interrogation by Police Officer(s)
2. After the accused files an anticipatory bail, the opposing party must be notified about the same. The opposition can also contest the bail application in the same Court. Moreover, the opposing party may seek the help of a Public Prosecutor for the purpose.
3. To be eligible for anticipatory bail, the accused must not directly or indirectly persuade, induce, promise, or threaten anyone associated with the case to refrain from disclosing facts pertaining to the case to either the concerned Court or Police Officer(s).
4. The accused must not leave India without taking prior permission from the High Court or Sessions Court.
5. Anticipatory bail can be issued only by the High Court of a state or Sessions Court. It empowers the accused to seek a reprieve from arrest.

Who Can Apply for Anticipatory Bail?

Any Indian citizen accused of a cognizable or non-cognizable offense and expecting arrest can approach a Sessions Court or High Court to get an Anticipatory Bail. Generally, people apply for anticipatory Bail when they believe that they have been falsely implicated in a case or have been subject to trumped-up charges and might get arrested.

Example of Anticipatory Bail

In case one is charged falsely because of enmity with someone or on account of a false case, one can apply for anticipatory bail. The rules concerning Anticipatory Bail are governed by Section 438(1) of the Criminal Procedure Code. If the Court sees merit in the application, it may direct the concerned authorities to release the applicant on bail in the event of an arrest.

When Can an Anticipatory Bail Get Cancelled?

Anticipatory bail may get canceled if a High Court or Sessions Court directs the Police to arrest a person on bail. This usually happens when the complainant or prosecution moves an application in the Court, and the Court sees merit in the application. Although anticipatory bail provides an applicant with permission to evade arrest, the accused has to obey the rules laid by the Court of Law.

Before applying for anticipatory bail, the applicant must disclose all the facts, reasons, and events for which s/he believes that s/he will be arrested in a non-bailable case. The Court will seek information about the offense (s) and may grant the anticipatory bail only for the relevant case and not other cases.

FAQs on Anticipatory Bail

Q1. What is an Anticipatory Bail?

Anticipatory Bail is an Indian criminal law that allows a person to get bail in anticipation of an arrest for committing a non-bailable offense. Anticipatory bail comes under the Criminal Procedure Code, Section 438(1), and is only granted under special circumstances.

Q2. Which section of the Criminal Procedure Code contains the anticipatory bail clause?

Anticipatory Bail comes under Section 438(1) of the Criminal Procedure Code. This type of bail can only be granted by the High Court or Sessions Court. Moreover, the accused must fulfill an eligibility criteria in order to be considered worthy of anticipatory bail.

Q3. When can a person apply for anticipatory bail?

Any Indian citizen accused of a cognizable or non-cognizable offense and expecting arrest can approach a Sessions Court or High Court to get anticipatory bail. This type of bail is generally granted under special circumstances in which a person anticipates being accused of a false charge.

Q4. When can anticipatory bail get canceled?

Anticipatory bail may get canceled if a High Court or Sessions Court directs the Police to arrest a person on bail. This type of bail is granted to a person who is expecting unbailable offense charges. Anticipatory bail can only be granted by Sessions Court or High Court.

Q5. Can I take anticipatory bail without FIR?

Yes, anticipatory bail may be taken even before an FIR has been lodged against an individual. The individual anticipating arrest for an unbailable offense can approach the Sessions Court or High Court to avail anticipatory bail before a complaint has been made against them.

Q6. What is anticipatory bail cost?

Anticipatory bail cost ranges from around ₹25,000 to ₹30,000, depending on the case. Usually, the more serious the case, the costlier the bail would be. Moreover, the cost of anticipatory bail also depends on the skills and experience of an individual’s lawyer.