Anticipatory Bail under Section 438 Cr.P.C : Introduction and Legislative History
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Anticipatory Bail, Section 438 Cr.P.CAbstract
The power of arrest is one of the greatest enemies to freedom in our criminal justice system. In India, the police has been given vast powers to make warrantless arrests and practice has shown that such powers are not only in legitimate use in terms of investigating but also in harassing, intimidating or even serving the purpose of settling political and personal score(Goel, 2018).
In this light of things, the introduction of the concept of anticipatory bail by passing Section 438 of the Code of Criminal Procedure 1973 was a milestone. Contrary to the conventional bail which effectuates after one has been arrested, anticipatory bail enables an individual to file anticipatory bail even before being arrested in a case whereby he/she feels that he/she would be arrested on false, exaggerated or politically inclined grounds. The design itself is preventative; the guarding of one's liberty prior to its having been taken, the guarding of the use of the criminal process as an instrument against the incriminated.
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