Anticipatory Bail
A direction that a person be released on bail in the event of arrest on an apprehended accusation.
In Simple Terms
Bail you get in advance, before you're even arrested, if you have reason to fear arrest.
Detailed Legal Meaning
Anticipatory bail is sought by a person who apprehends arrest on an accusation of having committed a non-bailable offence, seeking a direction that they be released on bail should the arrest occur. Courts weigh factors such as the nature of the accusation, the applicant's antecedents, and the possibility of the applicant fleeing or tampering with evidence.
Relevant Acts & Sections
- Bharatiya Nagarik Suraksha Sanhita, 2023Search on India Code ↗
- Code of Criminal Procedure, 1973 (predecessor provision)Search on India Code ↗
Common Court Usage
Moved before the Sessions Court or High Court, typically at an early, pre-arrest stage of a criminal matter.