Answer By law4u team
Under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), notice to the Public Prosecutor or the police is generally required before the court finally decides an application for anticipatory bail. The purpose of the notice is to give the prosecution an opportunity to present its objections and place the case records before the court. However, in urgent cases, if the court finds that immediate protection is necessary, it may grant interim anticipatory bail or interim protection before the final hearing. After granting interim protection, the court ordinarily issues notice to the Public Prosecutor or the police and hears both sides before passing the final order on the anticipatory bail application. During the final hearing, the court considers: The nature and seriousness of the offence. The applicant's role in the alleged offence. The likelihood of the applicant absconding. The possibility of influencing witnesses or tampering with evidence. Whether custodial interrogation is necessary. The submissions of both the applicant and the prosecution. The police or Public Prosecutor may oppose the application by placing relevant facts, investigation records, or other material before the court. Therefore, while immediate interim protection may be granted in exceptional circumstances without first hearing the police, notice to the prosecution is generally required before the court passes a final order on an anticipatory bail application under the BNSS, 2023.
