Anticipatory Bail

By : Neha Dhyani

Updated : May 10, 2022, 12:37

Anticipatory Bail is a provision that enables a person expecting arrest to get a breather from the Court of law. This article explains all provisions of Anticipatory Bail to help you get a clear idea of the UPSC examination.

What is Anticipatory Bail?

Indian criminal laws allow a person to get bail in anticipation of an arrest for committing a non-bailable offence. 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 an Anticipatory Bail if the offence is non-bailable in nature.

Anticipatory Bail Conditions

Anticipatory Bails are 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. 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 of the High Court or Sessions Court.
  5. Anticipatory Bails 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 an Anticipatory Bail?

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

For example, the charges might be because of enmity with someone or on account of a false case. 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.

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Before applying for an 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 offence(s) and may grant the Anticipatory Bail only for the relevant case and not other cases.

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When Can an Anticipatory Bail Get Cancelled?

An Anticipatory Bail may get cancelled 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 an Anticipatory Bail provides an applicant with the permission to evade arrest, the accused has to obey the rules laid by the Court of Law.

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FAQs on Anticipatory Bail

Q.1. What is an Anticipatory Bail?

Anticipatory Bail is an Indian criminal law allows a person to get bail in anticipation of an arrest for committing a non-bailable offence.

Q.2. Which Section of the Criminal Procedure Code contains the Anticipatory Bail clause?

Anticipatory Bail comes under Section 438(1) of the Criminal Procedure Code.

Q.3. When can a person apply for Anticipatory Bail?

Any Indian citizen accused of a cognizable or non-cognizable offence and expecting arrest can approach a Sessions Court or High Court to get an Anticipatory Bail.

Q.4. When can an Anticipatory Bail get cancelled?

An Anticipatory Bail may get cancelled if a High Court or Sessions Court directs the Police to arrest a person on bail.