5/09, 09:43] Girija Vel: Pre-arrest bail, also known as anticipatory bail, is a legal provision in India that allows a person to apply for bail before being arrested for a non-bailable offense. It’s covered under Section 438 of the Code of Criminal Procedure (CrPC).
[05/09, 09:43] Girija Vel: Pre-arrest bail, also known as anticipatory bail, is a legal provision in India that allows a person to apply for bail before being arrested for a non-bailable offense. It’s covered under Section 438 of the Code of Criminal Procedure (CrPC).
The provision was introduced to prevent abuse of the legal process by authorities. A person can apply for anticipatory bail if they have reason to believe they may be arrested for a non-bailable offense. The court will consider the nature and gravity of the offense when deciding whether to grant bail.
When granting bail, the court may impose conditions such as:
The person must make themselves available for interrogation by the police
The person must not dissuade anyone from disclosing facts to the court or police
The person must not leave India without the court’s permission
[05/09, 09:43] Girija Vel: Section 18 in The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989
- Section 438 of the Code not to apply to persons committing an offence under the Act.—
Nothing in section 438 of the Code shall apply in relation to any case involving the arrest of any person on an accusation of having committed an offence under this Act.
[05/09, 09:43] Girija Vel: THE GRANT PRE-ARREST BAIL
SHAJAN SKARIA V. STATE OF KERALA,
CRL.A. NO. 002622/2024
THE SUPREME COURT OF INDIA
“If on a prima facie reading of the materials referred to in the complaint and the complaint itself, the ingredients necessary for constituting the offence are not made out, then the bar of Section 18 would not be applicable and it would be open to the courts to consider the plea for the grant pre-arrest bail on its own merits”, the Court held….
