Answer By law4u team
Generally, once anticipatory bail is granted under Section 438 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (earlier CrPC), police cannot arrest the person in that case as long as the bail order is in force and conditions are followed. However, there are important exceptions and conditions. 1. Normal rule If anticipatory bail is granted: Police cannot arrest the person for that specific FIR or offence If the person is already arrested, they must be released on bail as per court order 2. When police CANNOT arrest Police cannot arrest if: The bail order is valid and active The accused is complying with all conditions (cooperation, reporting, etc.) No cancellation order has been passed 3. When police CAN arrest even after anticipatory bail Police can arrest if: Bail is cancelled by court due to violation of conditions New FIR or new offence is registered (different case) Accused violates bail conditions (threatening witnesses, absconding, non-cooperation) Bail order is limited or conditional and conditions are breached 4. Important legal principle Anticipatory bail is protection from arrest, not immunity from law enforcement. It only prevents arrest in that specific case unless misused or revoked. 5. Court power The court that granted bail or a higher court can: Modify conditions Cancel bail Allow police to arrest again if necessary 6. Summary Police cannot arrest a person after anticipatory bail is granted for that case, but they can arrest if the bail is cancelled, violated, or if a new case is registered.
