Dimensions of Anticipatory Bail in India with Special Reference to Judicial Discretion

Ahan Gadkari
O.P. Jindal Global University, India.

Volume III – Issue I, 2021

The provision of anticipatory bail is one which does not exist within statues, but rather within judicial practice. The idea for this originated in the 41st Report of the Law Commission. The reason for an accused to be detained is due to the harm they might cause or that they might try to escape. It is without reason to keep an accused in jail, who has little to no chance of escaping the country and causing any harm. Another major reason for the granting of anticipatory bail is due to false allegations that may be levied to important members of society. This is done to undermine them using the stigma around being sent to jail. This provision acts in a manner that it is valid during the time of the arrest.

This paper looks into the different faucets of anticipatory bail. The paper looks into the relevant legal provisions regarding anticipatory bail and analyses the statutory authority. The recent judgement of the Supreme Court and the developing jurisprudence on the subject has been analyzed.


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