NCJ Number
88019
Date Published
1981
Length
5 pages
Annotation
The provision for anticipatory bail in the New Code of Criminal Procedure of India represents an effort to reconcile the police power to arrest without warrant with judicial control over this area of personal liberty.
Abstract
Anticipatory bail permits courts to decide certain persons should be released on bail even before the persons have been arrested. Persons who believe that they may be arrested under an accusation of having committed a nonbailable offense may apply to the High Court or the Court of Session. The court may direct that in the event of such arrest, the persons shall be released on bail. The court considers the usual factors which are considered in granting bail and specifies conditions, such as being available for interrogation. The provision is designed to spare the applicant the humiliation and embarrassment of being arrested. The provision for anticipatory bail arose from the awareness that influential persons sometimes try to implicate their rivals in false cases to disgrace them or to have them detained in jail for several days. In recent times, the intensification of political rivalry has led to increases in this practice. A leading case in which anticipatory bail was granted to a businessman and a case in which a government official was denied anticipatory bail illustrate the use of this procedure. It is not known whether anticipatory bail will be a permanent part of the Indian criminal justice system. Although Delhi police believe that it impairs their authority, a large number of persons have successfully invoked this provision and avoided the agony and humiliation of arrest. Four reference notes are included.