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Anticipatory Bail

3 min read

Quick Summary

Anticipatory bail is a direction to release a person on bail issued in anticipation of arrest. It is granted when a person has reason to believe they may be arrested for a non-bailable offense.

Anticipatory bail is a direction to release a person on bail issued in anticipation of arrest. It is granted when a person has reason to believe they may be arrested for a non-bailable offense.

Key Characteristics

  • Protection against arrest before it happens
  • Available only for non-bailable offenses
  • Applied under Section 438 CrPC

Legal Framework

Can be cancelled by court

Key Points

  • Protection against arrest before it happens
  • Available only for non-bailable offenses
  • Applied under Section 438 CrPC
  • Granted by Sessions Court or High Court
  • Conditions may include surrendering passport
  • Can be cancelled by court

Frequently Asked Questions

What is the difference between anticipatory and regular bail?

How long is anticipatory bail valid?

Can anticipatory bail be granted by any court?

What if police arrest after anticipatory bail is granted?