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Can anticipatory bail be granted in cases of economic offenses?

Can anticipatory bail be granted in cases of economic offenses?

22-Aug-2023

Anticipatory Bail

Answer By law4u team

Yes, anticipatory bail can be granted in cases of economic offenses, depending on the jurisdiction and the specific laws of the country. Economic offenses typically involve financial irregularities, fraud, embezzlement, money laundering, white-collar crimes, and other similar offenses that have financial implications. The decision to grant anticipatory bail in such cases will depend on various factors and considerations. When considering whether to grant anticipatory bail in cases of economic offenses, the court will typically take into account factors such as: Strength of Evidence: The court will assess the strength of the evidence against the accused. If the evidence indicates a strong case of financial wrongdoing, it might affect the likelihood of anticipatory bail being granted. Flight Risk: The likelihood that the accused might flee the jurisdiction to avoid arrest and prosecution is a significant consideration in cases of economic offenses. Cooperation with Investigation: The court will consider whether the accused is actively cooperating with the investigation, as this can indicate their willingness to participate in the legal process. Preservation of Evidence: If there is a concern that the accused might tamper with evidence or influence witnesses, the court might be cautious about granting anticipatory bail. Nature of the Offense: The nature and severity of the economic offense, as well as the potential financial impact, will be taken into account. Public Interest: The court may consider the public interest in ensuring that financial crimes are properly investigated and prosecuted. Criminal Record: The accused's criminal history, if any, might influence the court's decision. Restitution: If the accused is willing to cooperate in making restitution or compensating victims, it might positively impact the court's decision. It's important to note that laws and procedures related to anticipatory bail in cases of economic offenses can vary significantly from one jurisdiction to another. Legal systems may have specific provisions for addressing economic offenses and their implications for bail. If you are facing potential arrest or legal action in an economic offense case, it's advisable to consult with a legal professional who specializes in economic and financial crimes. They can provide guidance based on the specific laws and practices of your jurisdiction.

Answer By Anik

Dear client, Yes, Anticipatory bail is a legal protection given to the person under the legal provision under section 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS), Which allows an individual to seek bail in anticipation of arrest. This question of granting anticipatory bail for a non bailable offence depends on various factors which includes nature and severity of the offence, facts of the case, and on the discretion of the court. The non bailable offence are more dangerous and serious in nature which includes murder, rape, kidnapping, dacoity, and offences under the special laws like NDPS act, POCSO Act, etc..., Condition under which anticipatory bail can be granted in non bailable offenses. Nature and the gravity of the offence- if the case involves offence which is serious and includes moral turpitude, then the court is less likely to grant the anticipatory bail. However, in the case if it includes offence not heinous and appears to be falsely alleged then in such a case anticipatory bail is granted. Past criminal records - if the applicant has the history of criminal records, then anticipatory bail is not granted. Tampering of evidence – if the accused is capable of tampering with evidence or influencing the witnesses then anticipatory bail will not be granted. Absconding the accused- if there is an apprehension that the accused is likely to abscond, courts are reluctant to grant anticipatory bail. Establishing prima facie- the court will examine before granting anticipatory bail whether there is a strong case against the accused. I hope this answer helps. In case of future queries please feel free to contact us. Thank you.

Answer By Ayantika Mondal

Dear client, Anticipatory bail is a preventive relief provided by courts to persons who fear being arrested for having committed a non-bailable offence. Though this provision can be applied in respect of economic offences, the courts have consistently asserted that such bail must be granted that too, in very rare instances. The SC recently in the case of Serious Fraud Investigation Office vs Aditya Sarda 2025 INSC 477 held that "Economic offences constitute a class apart with deep-rooted conspiracies and huge loss of public funds; therefore, granting anticipatory bail is certainly not the rule.” Furthermore, the Court has highlighted that anticipatory bail should not be granted as a matter of routine, especially when the accused has: Evaded legal proceedings. Concealed their presence to obstruct the process of law. Such behavior indicates a lack of cooperation with the judicial system, thereby diminishing the likelihood of being granted anticipatory bail. Although Anticipatory Bail is technically permissible in economic offences, courts exercise considerable discretion in such matters. Applicants must demonstrate genuine cooperation with the investigation and convince the court that they are unlikely to abscond or tamper with evidence. Should you have any queries, please feel free to contact us!