Anticipatory Bail

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Anticipatory Bail under BNSS: Key Provisions

The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which has replaced the CrPC, continues the provision for anticipatory bail. This relief protects individuals who apprehend arrest in a non-bailable offense, allowing them to apply in advance for bail.

What is Anticipatory Bail?

Anticipatory bail is a direction to release a person on bail if arrested for a specified non-bailable offense. It is preventive in nature and helps safeguard personal liberty against arbitrary arrest.

BNSS Provisions

  • Application: An individual may apply before the Sessions Court or High Court when there is a reasonable apprehension of arrest.
  • Conditions: The court may impose conditions such as regular appearance, non-interference with investigation, no inducement or threats to witnesses, and restrictions on travel.
  • Judicial Discretion: Courts assess factors like the seriousness of the offense, criminal history, risk of absconding, and the balance between liberty and public interest.
  • Safeguard of Rights: BNSS ensures anticipatory bail continues to serve as a protection against misuse of arrest powers.

Importance under BNSS

While modernizing criminal procedure, the BNSS retains the constitutional balance between individual liberty and societal interest. Anticipatory bail remains a vital safeguard, preventing harassment and protecting the rights of citizens against wrongful arrest.

Tags: Anticipatory Bail, BNSS 2023, Bharatiya Nagarik Suraksha Sanhita, Bail Law India, Criminal Procedure

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