Anticipatory Bail
A direction that a person be released on bail in the event of arrest on an apprehended accusation.
Detailed 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.
Authoritative Sources & Provenance
Relevant Legislation
- Bharatiya Nagarik Suraksha Sanhita, 2023
Frequently Asked Questions
What is anticipatory bail?
Anticipatory bail is bail granted in anticipation of arrest — before a person is actually taken into custody — typically sought under Section 438 CrPC or the corresponding BNSS provision when a person apprehends arrest on an accusation of a non-bailable offence.
How do I file an anticipatory bail application?
An anticipatory bail application is generally filed before the Sessions Court or High Court having jurisdiction, setting out the apprehension of arrest and grounds for bail. Courts commonly consider factors such as the nature of the accusation, the applicant's antecedents, and the possibility of fleeing or tampering with evidence.
Related Concepts
General legal information for reference only, reviewed for accuracy but not a substitute for advice from a qualified advocate on your specific facts.