Anticipatory Bail
Definition
Detailed Explanation
Anticipatory bail is a unique feature of Indian criminal law, codified under Section 438 of the Code of Criminal Procedure, 1973. It allows a person who apprehends arrest to apply for bail before actual arrest.
The provision recognizes that arrest can be misused for harassment or settling personal scores. By allowing pre-arrest bail, the law provides protection to individuals from unnecessary arrest while ensuring they remain available for investigation.
When granting anticipatory bail, the court may impose conditions such as: making oneself available for interrogation, not leaving India without permission, not threatening witnesses, and cooperating with the investigation.
The Supreme Court has held that anticipatory bail cannot be limited in duration and continues until the end of trial, unless there are compelling reasons to cancel it.
Essential Elements
- 1 Reasonable apprehension of arrest for a non-bailable offence
- 2 Application must be made before arrest
- 3 Court must be satisfied that accusation is made with object of humiliating or injuring
- 4 Court may impose conditions as deemed appropriate
- 5 Not available for certain specified offences in some states
Leading Cases
Gurbaksh Singh Sibbia v. State of Punjab
1980AIR 1980 SC 1632
Relevance: Landmark judgment on scope and interpretation of anticipatory bail
Sushila Aggarwal v. State (NCT of Delhi)
2020(2020) 5 SCC 1
Relevance: Held anticipatory bail cannot be limited in duration
Siddharam Satlingappa Mhetre v. State of Maharashtra
2011(2011) 1 SCC 694
Relevance: Laid down guidelines for grant of anticipatory bail
Usage Example
"The accused obtained anticipatory bail from the Sessions Court apprehending arrest in a false case of cheating."
Synonyms
Related Terms
Find How "Anticipatory Bail" Is Applied
Search through thousands of Supreme Court and High Court judgments to see how this term is applied in actual cases.
Search in LexGyan