Anticipatory Bail A Bane Or A Boon | Conditions Of Justice | Provision Of Anticipatory Bail | The National TV

Anticipatory bail a bane or boon



Anticipatory bail is a direction to release a person on bail even before the person is arrested. Section 438 of the Code of Criminal procedure enables the superior courts to grant anticipatory bail.

The object behind the introduction of anticipatory bail according to Law commission was sometimes influential people try to implicate their rivals in false causes for defaming them or landing them in jail. For curbing this practice anticipatory bail came into the picture.


Bail is always general but jail is an exception, where a person is not likely to abscond or misuse its liberty, there is no rationality in keeping him in prison, then granting them bail. In subsequent report law commission also emphasized on granting of anticipatory bail in exceptional cases.


A person who is in the apprehension of his arrest may apply to the High Court or the Court of the session for granting anticipatory bail, where a person has been accused of commission of a non-bailable offense.


Court of the session or the high court will take the following factors in their account before granting bail to the accused-

  1. Nature and gravity of the accusation;
  2. Antecedents of the accused, whether he has previously undergone imprisonment on conviction by a court in any cognizable offense.
  3. Possibility of accused to abscond
  4. Where accusation made was with the object of injuring or humiliating the applicant by having him arrested.



The court may either reject such an application of granting anticipatory bail or may pass an interim order for grant of anticipatory bail.

Where courts grant an interim order, it shall forthwith cause notice within 7 days, along with a copy of such interim order to the public prosecutor and superintendent of police in order to give the public prosecutor an opportunity of being heard when the application of granting anticipatory bail will be finally heard by the court.

The presence of the applicant is mandatory at the time of the final hearing of the application. If the application made, by the public prosecutor the court generally considers it necessary for the interest of justice.



Court of the session or the high court may include such conditions as they think fit for convenience of justice. Conditions such as-

  1. A person shall be available for interrogation by a police officer when required.
  2. The accused person shall not subject anyone, who is well versed with the facts to any inducement, threat or promise, directly or indirectly, as to dissuade him from disclosing such facts to the court or the police personnel.
  3. Accused is not allowed to leave India without the permission of the court.
  4. Such other conditions as may be imposed according to section 437 of the code.



Where such accused is thereafter arrested without warrant by the officer in charge of the police station and the accused is ready to furnish bail at the time of arrest or any time, while he is in custody, he shall be released on bail; a magistrate taking cognizance of such offense decides that a warrant to be issued first, may issue a bailable warrant in conformity with the direction of the court.



Sometimes high profile people, who really did commit a grave offense escapes from the hands of law, due to this provision. Even before their arrest, their lawyers are ready with such an application of bail. Such people continue to become a grave threat to society and are the white-collar criminals of the country. Sometimes some politicians are also involved in an offense but they are saved due to this provision of anticipatory bail. Though sometimes it is really useful for the people who are wrongfully framed in any offense, and at that time anticipatory bail comes to their rescue.  




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