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ARTICLE · 15 SEPTEMBER 2020

Anticipatory Bail And Its Laws

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The term Anticipatory Bail Application (ABA) is nowhere defined in the Criminal Procedure Code, 1973 (Cr.P.C), however the first mention of the said term can be seen in...

IndiaCriminal Law
Pushkraj Deshpande
Pushkraj Deshpande
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INTRODUCTION

The term Anticipatory Bail Application (ABA) is nowhere defined in the Criminal Procedure Code, 1973 (Cr.P.C), however the first mention of the said term can be seen in the 41st Law Commission Report, 1969 (the report) where the commission felt the need to include a provision for protecting an accused or any person who is apprehending or having a belief that he/she may be arrested for any offence which is non-bailable in nature. Taking into consideration the said report and the grave need of the hour, the Parliament while enacting the 1973 Act, added a provision for Pre-Arrest bail u/s 438 with a heading "Direction for grant of bail to person apprehending arrest".

EVOLUTION OF ANTICIPATORY BAIL IN CRIMINAL JURISPRUDENCE

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