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 Avninder Pal Singh

Advocate Avninder Pal Singh

Cheque Bounce, Court Marriage, Motor Accident, Divorce, Cyber Crime, Domestic Violence, Consumer Court, Family, Criminal, Succession Certificate

Get Advice
Advocate C C Tiwari

Advocate C C Tiwari

Anticipatory Bail, Cheque Bounce, Criminal, Divorce, Documentation, Domestic Violence, High Court

Get Advice
Advocate M S Niranjhan

Advocate M S Niranjhan

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Criminal, Cyber Crime, Divorce, Documentation, Family, Domestic Violence, High Court, Landlord & Tenant, Property, R.T.I, Supreme Court, Wills Trusts, Recovery, RERA, NCLT, Succession Certificate

Get Advice
Advocate Puspita Bhowmick

Advocate Puspita Bhowmick

Anticipatory Bail, Cheque Bounce, Criminal, High Court, Divorce, Civil, Arbitration

Get Advice
Advocate Dr Rajiv Basant Chaudhary

Advocate Dr Rajiv Basant Chaudhary

Criminal, Cheque Bounce, Domestic Violence, Divorce, Succession Certificate, Wills Trusts, High Court, Civil, Arbitration, Anticipatory Bail, Property, Recovery, Landlord & Tenant, Cyber Crime, Corporate, Child Custody

Get Advice
Advocate Sandeep Lijawana

Advocate Sandeep Lijawana

Civil, Motor Accident, Property, Criminal, Family

Get Advice
Advocate Hitesh Kumar K Vyas

Advocate Hitesh Kumar K Vyas

Motor Accident, Cheque Bounce, Civil, Criminal, High Court, Anticipatory Bail

Get Advice
Advocate Kunal Pawar

Advocate Kunal Pawar

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Labour & Service, Landlord & Tenant, Motor Accident, Muslim Law, Supreme Court, Wills Trusts, Revenue, Breach of Contract, Corporate, Documentation, GST, Insurance, Media and Entertainment, Property, R.T.I, Recovery, Startup, Trademark & Copyright, Tax, Armed Forces Tribunal

Get Advice
Advocate Prakash Nivrutti Tajanpure.( Ex.judge)

Advocate Prakash Nivrutti Tajanpure.( Ex.judge)

Medical Negligence,Cheque Bounce,Family,Divorce,Criminal,

Get Advice
Advocate Rajat Biswas

Advocate Rajat Biswas

Civil, Family, Tax, Cyber Crime, Consumer Court, Cheque Bounce, Anticipatory Bail, Criminal, Divorce, GST, Domestic Violence

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.