The Supreme Court of India recently passed a critical ruling concerning anticipatory or pre-arrest bail. As per this verdict, the protection offered under Section 438 of the Code of Criminal Procedure cannot be restricted to any pre-determined time frame or “fixed period”.
Specification of Questions Put Forth
The case was directed to the Constitution Bench with two distinct areas of concern:
1. The exploration of whether the protection under Section 438 should be limited to a certain period until the accused presents themselves in court.
2. To determine if the lifespan of anticipatory bail should conclude when the accused is summoned by court.
Understanding Anticipatory Bail
Section 438, dealing with anticipatory bail, directs the grant of bail to an individual foreseeing arrest. According to this provision, when an individual suspects they may be apprehended due to accusations of committing a non-bailable offense, they can request the High Court or Court of Session for a directive under this section. If deemed appropriate, the court can issue a command that in case of arrest, the individual shall be released on bail.
The Underlying Need for Section 438
The frequent misuse of arrests to harass and degrade citizens, often favouring powerful entities, instigated the introduction of Section 438. This provision safeguards individuals from arbitrary arrests and unnecessary detention periods, often used as tools of humiliation.
Significant Points from the Judgement
Anticipatory bail plays a vital role in obstructing influential powers from framing their adversaries in bogus cases, guarding them against undue jail detention. Its importance has grown in the wake of an increase in politically influenced rivalries.
Duration of Bail
Generally, the life span of an anticipatory bail order extends beyond the stage when the accused is summoned by court or when charges are framed against them. It can continue until the trial concludes.
Pre-arrest or Anticipatory Bail Rules
Parliament has not deemed it fit to restrict the courts’ power or discretion regarding the duration of pre-arrest or anticipatory bail, even in grave offenses. Therefore, any judicial limitations imposed on the exercise of this power would not serve the society’s larger interests.
Procedure for Anticipatory Bail
The court noted that an anticipatory bail request could be lodged even before an FIR is registered, provided there is a reasonable apprehension of arrest and clarity of facts.
Conditions Imposed on Anticipatory Bail
At times, courts may find it necessary to impose specific conditions for granting anticipatory bail, based on the unique facts or characteristics of each offense.
| Key Facts |
|---|
| The lifespan of anticipatory bail extends beyond when the accused is summoned by court or charges are framed, potentially until the trial concludes. |
| Courts retain the discretion to decide the duration of anticipatory bail, without restrictions imposed by the parliament. |
| An anticipatory bail plea can be lodged even before the FIR registration, given a reasonable fear of arrest and factual clarity. |
| The anticipatory bail should relate to the specific offense or incident for which arrest relief is sought rather than being "blanket" protection. |
| The court may impose certain conditions on anticipatory bail grant based on the specific facts or the nature of the offense involved. |
Evaluation of Threat
It is crucial for courts to assess the gravity or seriousness of the threat or fear while deciding upon the appropriateness of any conditions imposed. While restrictive conditions can be imposed based on the case, they should not be a standard practice in all cases.
