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 Mohammad Akleem

Advocate Mohammad Akleem

Child Custody, Criminal, High Court, Domestic Violence

Get Advice
Advocate Vilal Ahmed

Advocate Vilal Ahmed

Anticipatory Bail,Cheque Bounce,Criminal,Cyber Crime,Divorce,Domestic Violence,Family,

Get Advice
Advocate Deepender Pandey

Advocate Deepender Pandey

Anticipatory Bail, Arbitration, Civil, Court Marriage, Criminal, Cyber Crime, GST, Domestic Violence, Family, High Court, Medical Negligence, Motor Accident, R.T.I, Property, RERA, Tax

Get Advice
Advocate Thakur Nischay Singh

Advocate Thakur Nischay Singh

Corporate, Divorce, Domestic Violence, High Court, Immigration, International Law, Medical Negligence, Succession Certificate, Supreme Court, Revenue, Anticipatory Bail, Cyber Crime, Criminal

Get Advice
Advocate Rohit Kumar Machawal

Advocate Rohit Kumar Machawal

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

Get Advice
Advocate Ankit

Advocate Ankit

Cheque Bounce, Court Marriage, Criminal, Divorce, Family

Get Advice
Advocate Taneyaa Manucha

Advocate Taneyaa Manucha

High Court, Labour & Service, Criminal, Civil, Consumer Court, Divorce, Family, Property, Motor Accident, Landlord & Tenant, Anticipatory Bail

Get Advice
Advocate Nisar Ahmed

Advocate Nisar Ahmed

Anticipatory Bail, Muslim Law, Motor Accident, Family, Criminal

Get Advice
Advocate Mohammed Azim Farooq Shaikh

Advocate Mohammed Azim Farooq Shaikh

Anticipatory Bail, Arbitration, Civil, Cheque Bounce, Court Marriage, Consumer Court, Criminal, Family, High Court, R.T.I, Succession Certificate, Property, Recovery, Muslim Law, Motor Accident, Labour & Service, Divorce

Get Advice
Advocate Vaijanath Vithalrao Lande

Advocate Vaijanath Vithalrao Lande

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Insurance, International Law, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, Property, R.T.I, Recovery, Succession Certificate, Revenue

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.