Anticipatory bail
Encyclopedia
Under India
n criminal law
, there is a provision for anticipatory bail under Section 438 of the Criminal Procedure Code. This provision allows a person to seek bail
in anticipation of an arrest
on accusation
of having committed a non-bailable offence.
On filing AB , the opposition party is notified about the bail application and the opposition can then contest the bail application in court (public prosecutor can also be used to do this).
Anticipatory bail is nowadays being used for countering false 498 cases (Dowry law). It is one of the first and last lines of defense for a 498A victim for preventing him (groom) and his family getting arrested on trumped-up charges by the estranged daughter-in-law.
India
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
n criminal law
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
, there is a provision for anticipatory bail under Section 438 of the Criminal Procedure Code. This provision allows a person to seek bail
Bail
Traditionally, bail is some form of property deposited or pledged to a court to persuade it to release a suspect from jail, on the understanding that the suspect will return for trial or forfeit the bail...
in anticipation of an arrest
Arrest
An arrest is the act of depriving a person of his or her liberty usually in relation to the purported investigation and prevention of crime and presenting into the criminal justice system or harm to oneself or others...
on accusation
Accusation
*Accusation can mean:*The Accusation, a 1951 Italian film*Criminal accusation*False accusations*For other meanings, see wikt:accusation...
of having committed a non-bailable offence.
On filing AB , the opposition party is notified about the bail application and the opposition can then contest the bail application in court (public prosecutor can also be used to do this).
Anticipatory bail is nowadays being used for countering false 498 cases (Dowry law). It is one of the first and last lines of defense for a 498A victim for preventing him (groom) and his family getting arrested on trumped-up charges by the estranged daughter-in-law.
See also
- BailBailTraditionally, bail is some form of property deposited or pledged to a court to persuade it to release a suspect from jail, on the understanding that the suspect will return for trial or forfeit the bail...
- ArraignmentArraignmentArraignment is a formal reading of a criminal complaint in the presence of the defendant to inform the defendant of the charges against him or her. In response to arraignment, the accused is expected to enter a plea...
- Dowry Related Laws in India#IPC Section 498A
- Preliminary hearingPreliminary hearingWithin some criminal justice systems, a preliminary hearing is a proceeding, after a criminal complaint has been filed by the prosecutor, to determine whether there is enough evidence to require a trial...