Answer By law4u team
Anticipatory bail in India is granted under Section 482 of the Bharatiya Nagarik Suraksha Sanhita. Earlier, anticipatory bail was provided under Section 438 of the Code of Criminal Procedure, 1973. Meaning of anticipatory bail: Anticipatory bail is a pre-arrest legal protection granted by the Sessions Court or High Court. A person who fears arrest in a non-bailable offence can apply for anticipatory bail. Important points: It is generally available only in non-bailable offences. Court considers factors like: Nature of accusation Criminal history Possibility of absconding Whether accusation appears malicious Court may impose conditions such as: Cooperating with investigation Not threatening witnesses Not leaving India without permission Courts having power to grant anticipatory bail: Sessions Court High Court Anticipatory bail can be cancelled if conditions are violated or misuse is proved.
