ANTICIPATORY BAIL
- May 26, 2021
- Posted by: OptimizeIAS Team
- Category: DPN Topics
No Comments
ANTICIPATORY BAIL
Subject: Polity
Context: SC stays Allahabad HC order granting anticipatory bail over fear of death due to Covid.
Concept:
Anticipatory Bail
- Section 438 (anticipatory bail) of the Code of Criminal Procedure deals with direction for grant of bail to a person apprehending arrest.
- It states that when any person has reason to believe that he may be arrested on an accusation of having committed a non- bailable offence, he may apply to the High Court or the Court of Session for a direction under this section; and that Court may, if it thinks fit, direct that in the event of such arrest, he shall be released on bail.
- The high frequency of arbitrary and heavy-handed arrests to harass and humiliate citizens, and often at the interest of powerful individuals led to the enactment of Section 438.
- The provision empowers only the Sessions Court and High Court to grant anticipatory bail.
Significance:
- The reason for enactment of Section 438 in the Code was parliamentary acceptance of the crucial underpinning of personal liberty in a free and democratic country.
- Parliament wished to foster respect for personal liberty and accord primacy to a fundamental tenet of criminal jurisprudence, that everyone is presumed to be innocent till he or she is found guilty.
- Life and liberty are the cherished attributes of every individual. The urge for freedom is natural to each human being.