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ARTICLE · 23 MARCH 2023

Transit Bail: Statutory Right Or Judicial Innovation?

Shardul Amarchand Mangaldas & Co
Shardul Amarchand Mangaldas & Co
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Despite instances of transit anticipatory bail having been granted as far back as 1980, the phrase "transit anticipatory bail" is not defined under the Code of Criminal Procedure, 1973 or any other law in India.

IndiaCriminal Law
Karan Joseph
Karan Joseph
Anish John
Anish John
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History and concept

Despite instances of transit anticipatory bail having been granted as far back as 1980, the phrase "transit anticipatory bail" is not defined under the Code of Criminal Procedure, 1973 or any other law in India.

Having not been codified at the time, the grant of anticipatory bail itself was adjudicated upon by courts as part of their inherent and discretionary power prior to 1973. Being "Judge made law", the idea of transit anticipatory bail was occasionally interpreted by Courts in India by a conjoined reading of multiple provisions of the Code of Criminal Procedure, 1898, thereby giving structure to an otherwise unusual postulation in legal jurisprudence.

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