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What is the difference between anticipatory bail and regular bail?

10-Mar-2023
Anticipatory Bail

Answer By law4u team

Anticipatory bail and regular bail are two types of bail available to individuals who have been accused or charged with a crime. The main difference between anticipatory bail and regular bail is that anticipatory bail is granted before the arrest is made, while regular bail is granted after the arrest has been made. Anticipatory Bail: Anticipatory bail is a type of bail that is granted to a person who has not yet been arrested, but there is a possibility of their arrest in the future. It is granted by a court to a person who has reason to believe that they may be arrested for a non-bailable offense. The purpose of anticipatory bail is to provide protection to a person from arrest or detention in cases where the accusation is false, frivolous or motivated by malice. Regular Bail: Regular bail, on the other hand, is granted to a person who has already been arrested and is in police custody. It is a process where the arrested person applies to the court for release from custody pending the trial or investigation of their case. Regular bail is granted by the court to the accused person on various grounds like the nature of the offense, the severity of punishment, and the likelihood of the accused fleeing from justice. In summary, anticipatory bail is granted before an arrest is made, while regular bail is granted after the arrest has been made. Both types of bail allow the accused to be released from custody pending the trial or investigation of their case.

Answer By Ganesh N. Mishra

Anticipatory bail applied only before the Arrest or apprehension of arrest by the police officer and Regular bail applied After the arrest of a person.

Answer By Ayantika Mondal

Dear client, the distinction between regular and anticipatory bail is the timing and custody of the person who applies for the bail. Regular bail is a remedial measure which is applied for after an arrest in order to get released from the custody of the law. Anticipatory bail is a preventive measure which is applied for before an arrest in order to prevent the possibility of a person being detained in custody for a non-bailable offence. Regular bail is legally permissible under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) (formerly Sections 437/439 CrPC) and is legally permissible in any court of law. Anticipatory bail is legally permissible under Section 482 of the BNSS (formerly Section 438 CrPC) and is legally permissible only in a Sessions Court or the High Court. I hope this answer is helpful. In case of further queries, please do not hesitate to contact us. Thank You.

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