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S Arun Raj   21 April 2020

Bail and Anticipatary bail

I need to know the difference between Anticipatary bail and bail.


Learning

 8 Replies

Archit Uniyal   21 April 2020

Hi, 

The main differences between Bail and anticipatory bail are:

1) Provisions relating to bail are contained in Sections 436 and 437 CrPC, whereas anticipatory bail is mentioned under Section 438.

2) Bail may be granted to the accused by any Judicial Magistrate or Court but anticipatory bail may be granted only by the High Court or Sessions Court.

3) Bail is a post-arrest legal process and is granted only after the arrest of the person whereas anticipatory bail is a pre-arrest legal process in anticipation of the possibility of arrest of a person.

4) Bail is ordinarily granted as a matter of right in case of bailable offence and it may also be granted in non-bailable offences under Section 437, CrPC. However, the power to grant anticipatory bail is of an extra-ordinary character that is sparingly used by the Court.

 

Hope this solves your query.

Regards,
Archit.

2 Like

S Arun Raj   22 April 2020

thanks sir

Raghav Arora   22 April 2020

A gets arrested for a crime, he applies to the police or the court when he reaches there for bail and is let out (maybe) - This is bail.

A 'anticipates' that he might be alleged against and arrested, so he goes to the court in advance, High court or Sessions as rightly conveyed by the expert above, and asks for a bail in advance and promises that he would not flee. The court gives him bail in advance and he does not go behind the bars when actually alleged against. He can show police the order from the court and police will not take him (They might in certain circumstances though). This is anticipatory bail!

Satnam Rajputt   30 April 2020

27EV act means tell

Raghav Arora   30 April 2020

Mr. Satnam. Is this a question? Or you are telling us something on the topic?

Satnam Rajputt   30 April 2020

sir 27EV act s/c details send

Raghav Arora   30 April 2020

Do you mean the Evidence Act?

Satnam Rajputt   30 April 2020

what is menstion in section 27EV act

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