Law4u - Made in India

What are the legal provisions for bail and anticipatory bail in India?

09-Mar-2023
Criminal

Answer By law4u team

In India, bail and anticipatory bail are legal provisions that allow a person to be released from custody while awaiting trial. Here are the provisions for bail and anticipatory bail in India: Bail: Bail is the temporary release of an accused person from custody until their trial. The provision for bail is mentioned in Section 436-439 of the Code of Criminal Procedure, 1973. According to these sections, an accused person is entitled to bail if they meet certain conditions, such as: The offense they are accused of is bailable. The accused person cooperates with the investigation and trial. The accused person does not pose a flight risk or threat to public safety. The accused person has sufficient sureties to guarantee their appearance in court. Anticipatory Bail: Anticipatory bail is a provision that allows a person to seek bail in anticipation of their arrest. The provision for anticipatory bail is mentioned in Section 438 of the Code of Criminal Procedure, 1973. According to this section, a person may apply for anticipatory bail if they have reason to believe that they may be arrested for a non-bailable offense. The court may grant anticipatory bail if it is satisfied that the applicant has a reasonable apprehension of arrest and that they are not likely to abscond or tamper with evidence. It is important to note that the grant of bail and anticipatory bail is at the discretion of the court, and the court may impose certain conditions for the release of the accused person, such as surrendering their passport or reporting to the police station regularly. Additionally, bail may be cancelled if the accused person violates any of the conditions imposed by the court.

Criminal Verified Advocates

Get expert legal advice instantly.

Advocate Ravi Dangi

Advocate Ravi Dangi

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Court Marriage, Corporate, Criminal, Customs & Central Excise, Consumer Court, Civil, Child Custody, Cheque Bounce, High Court, Divorce, Cyber Crime, Immigration, Recovery, Motor Accident

Get Advice
Advocate Mohd Suhail

Advocate Mohd Suhail

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Cheque Bounce, Civil, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Muslim Law, Property, Succession Certificate, Wills Trusts, Revenue

Get Advice
Advocate Prabhugouda V B

Advocate Prabhugouda V B

Criminal, Divorce, Family, High Court, Civil

Get Advice
Advocate Namrata Mishra

Advocate Namrata Mishra

Anticipatory Bail, Breach of Contract, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Divorce, Documentation, Domestic Violence, Family, High Court, Medical Negligence, Muslim Law, Succession Certificate, Bankruptcy & Insolvency, Banking & Finance

Get Advice
Advocate Aashish Gupta

Advocate Aashish Gupta

Cheque Bounce, Criminal, Family, Banking & Finance, Civil

Get Advice
Advocate Surjan Singh

Advocate Surjan Singh

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Insurance, Landlord & Tenant, Medical Negligence, Motor Accident, Muslim Law, NCLT, Patent, Property, Recovery, RERA, Succession Certificate, Supreme Court, Trademark & Copyright

Get Advice
Advocate Pushkraj Chejara

Advocate Pushkraj Chejara

Anticipatory Bail, Domestic Violence, High Court, Divorce, Criminal, Cheque Bounce, Civil, Cyber Crime, Labour & Service

Get Advice
Advocate Manish Dhiman

Advocate Manish Dhiman

Cyber Crime, Criminal, R.T.I, Motor Accident, Civil

Get Advice
Advocate Sanjeeda Shaikh

Advocate Sanjeeda Shaikh

Cheque Bounce, Criminal, Divorce, Documentation, Domestic Violence, Family, Muslim Law, Recovery, Succession Certificate

Get Advice
Advocate Nikhil Bhavsar

Advocate Nikhil Bhavsar

Criminal, Divorce, Domestic Violence, Family, Succession Certificate

Get Advice

Criminal Related Questions

Discover clear and detailed answers to common questions about Breach of Contract. Learn about procedures and more in straightforward language.