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Anticipatory Bail

/ænˈtɪsɪpətɔːri beɪl/

Legal Term

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Definition

Direction to release a person on bail before arrest. Section 438 CrPC.

Jurisdiction: International

Etymology

Legal term with origins in Latin, Anglo-French, or Old English legal tradition, later codified in Indian law.

Examples

A businessman fearing arrest in a cheating case filed by a rival approaches the Sessions Court for anticipatory bail before any arrest.

A journalist who fears politically motivated arrest before publishing an exposé applies for anticipatory bail in the High Court.

Case Study

In Gurbaksh Singh Sibbia v. State of Punjab (1980), a Constitution Bench held that anticipatory bail should be granted liberally in genuine cases and need not be time-limited to the investigation period — it can continue through trial.

Key Cases

Gurbaksh Singh Sibbia v. State of Punjab

1980

AIR 1980 SC 1632

Section 438 to be interpreted broadly in favour of liberty. Anticipatory bail cannot be refused solely on gravity of the offence. Unnecessary conditions should not be imposed.

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Sushila Aggarwal v. State (NCT of Delhi)

2020

(2020) 5 SCC 1

Anticipatory bail does not automatically expire on filing of chargesheet. It can continue for the entire trial unless specifically limited.

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Also Known As

anticipatory bailpre-arrest bail

Synonyms

pre-arrest bailpre-emptive bailsection 438 bail

Antonyms / Opposites

remandcustody

Related Terms

bailSection 438 CrPCSection 482 BNSSnon-bailable offencepersonal libertyArticle 21

Dictionary Entry

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