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Legal Reasoning · 7 questions · about 1 min to read

Anticipatory Bail

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The passage

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Anticipatory bail under Section 438 of the Code of Criminal Procedure (now Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023) allows a person to seek bail from a Sessions Court or High Court in anticipation of an arrest. It is available to a person who has reason to believe they may be arrested for a non-bailable offence. The provision is a safeguard against misuse of the power of arrest and against political persecution through false criminal cases.

The factors a court considers when granting or refusing anticipatory bail include: the nature and gravity of the accusation, the antecedents of the applicant, the possibility of the applicant fleeing justice, and whether the accusation appears to have been made with the intention of humiliating or injuring the applicant. The court may impose conditions on the grant of anticipatory bail, including reporting to the police, surrendering the passport, and not leaving the country.

Anticipatory bail cannot ordinarily be granted in cases involving offences under special legislation such as the Prevention of Money Laundering Act (PMLA) or the Narcotic Drugs and Psychotropic Substances (NDPS) Act, where the statute itself restricts bail. The Supreme Court has held that the power to grant anticipatory bail is wide but not unlimited, and must be exercised judiciously.

  1. Q1. What is anticipatory bail?

    1. Bail granted after a person has been arrested and produced before a magistrate
    2. Bail granted in anticipation of arrest for a non-bailable offence, before any arrest is made
    3. A provisional bail that automatically converts to regular bail after 90 days
    4. Bail granted by the trial court after framing of charges
    Show answer

    Answer: B. Bail granted in anticipation of arrest for a non-bailable offence, before any arrest is made

    The passage defines it: 'allows a person to seek bail from a Sessions Court or High Court in anticipation of an arrest... before any arrest is made.'

  2. Q2. A person believes they may be arrested for a non-bailable offence. Before which courts can they apply for anticipatory bail?

    1. Only the Supreme Court
    2. Only the High Court
    3. A Sessions Court or a High Court
    4. A Magistrate's Court or a Sessions Court
    Show answer

    Answer: C. A Sessions Court or a High Court

    The passage states: 'allows a person to seek bail from a Sessions Court or High Court in anticipation of an arrest.'

  3. Q3. Which of the following is NOT listed in the passage as a factor courts consider when deciding on anticipatory bail?

    1. The nature and gravity of the accusation
    2. The possibility of the applicant fleeing justice
    3. Whether the applicant is currently employed
    4. Whether the accusation appears to have been made with the intention of injuring the applicant
    Show answer

    Answer: C. Whether the applicant is currently employed

    The passage lists: nature and gravity of accusation, antecedents of applicant, possibility of fleeing, and whether the accusation is malicious. Employment status is not mentioned.

  4. Q4. Anticipatory bail ordinarily cannot be granted in cases under the PMLA because:

    1. PMLA cases are tried exclusively by special courts that lack jurisdiction to grant bail
    2. The statute itself restricts bail in such cases, overriding the ordinary anticipatory bail provision
    3. Money laundering is a cognisable offence and cognisable offences are always excluded from anticipatory bail
    4. The Supreme Court has directed that no bail shall be granted in financial fraud cases
    Show answer

    Answer: B. The statute itself restricts bail in such cases, overriding the ordinary anticipatory bail provision

    The passage states: 'cannot ordinarily be granted in cases involving offences under special legislation such as the PMLA or the NDPS Act, where the statute itself restricts bail.'

  5. Q5. Anticipatory bail is described in the passage as a safeguard against:

    1. Delays in the judicial system that keep undertrial prisoners in custody for long periods
    2. Misuse of the power of arrest and political persecution through false criminal cases
    3. Inconsistency in bail decisions between different magistrates and courts
    4. The practice of granting bail to repeat offenders who pose a danger to society
    Show answer

    Answer: B. Misuse of the power of arrest and political persecution through false criminal cases

    The passage states: 'The provision is a safeguard against misuse of the power of arrest and against political persecution through false criminal cases.'

  6. Q6. A court grants anticipatory bail to an accused but requires them to surrender their passport and report to the local police station every week. This is an example of:

    1. The court refusing to grant full bail and offering a partial remedy
    2. Conditions imposed on the grant of anticipatory bail
    3. A form of house arrest imposed in lieu of anticipatory bail
    4. Pre-trial detention with limited movement rights
    Show answer

    Answer: B. Conditions imposed on the grant of anticipatory bail

    The passage states: 'The court may impose conditions on the grant of anticipatory bail, including reporting to the police, surrendering the passport, and not leaving the country.'

  7. Q7. The Bharatiya Nagarik Suraksha Sanhita, 2023, which now governs anticipatory bail, replaced:

    1. The Indian Penal Code, 1860
    2. The Indian Evidence Act, 1872
    3. The Code of Criminal Procedure, 1973
    4. The Prevention of Money Laundering Act, 2002
    Show answer

    Answer: C. The Code of Criminal Procedure, 1973

    The BNSS 2023 replaced the CrPC 1973. The passage states Section 482 of BNSS corresponds to Section 438 of CrPC, confirming this.

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