Anticipatory Bail

  • In anticipatory bail, a person is directed to be released on bail even before arrest made.
  • Section 438 of the Code of Criminal Procedure, 1973, lays down the law on anticipatory bail.
  • As per this if any person has reason to believe that he may be arrested on an accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Session for a direction under this section.
  • The provision empowers only the Sessions Court and High Court to grant anticipatory bail.
  • Anticipatory bail became part of the new CrPC in 1973, after the 41st Law ....
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