Anticipatory Bail

December 31, 2022

Code of Criminal Procedure, 1973 mainly provides two kinds of bail: regular bail and anticipatory bail. Section 438 of Code of Criminal Procedure, 1973 defines the anticipatory bail.

It is a bail in anticipation of arrest or a pre-arrest legal proceeding. It is issued by Court of Session or the High Court on non-bailable charges. The 41st Law Commission Report in 1969 marked the importance and need of anticipatory bail to secure the personal liberty of its citizens. According to Section 438, anyone who has grounds to anticipate that he may be arrested on suspicion of committing a non-bailable offence can seek for anticipatory bail.

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In the case of Gurbaksh Singh Sibbia vs State Of Punjab,1980 for anticipatory bail, accused has to prove reasonable or tangible grounds on which he apprehends the arrest, the apprehension shall not be based upon mere suspicion.

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