What is Anticipatory Bail?
Anticipatory Bail serves as an option for an arrested person to avoid detention. If a person has obtained anticipatory bail from the court and then, if he is arrested, then he will not be detained by the court. Anticipatory bail can be granted only in the case of non-bailable offenses.
Origins of Anticipatory Bail:
Anticipatory bail emerged in 1973 under Section 438 of the CrPC and the concept of anticipatory bail was further retained under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023. (BNSS)
Transit Anticipatory Bail Explained:
"Transit" refers to passing through a jurisdiction. Transit anticipatory bail comes into play when an individual anticipates arrest in a jurisdiction different from where the legal proceedings are initiated against them.
Statutory Relevance:
Unlike many legal concepts, transit anticipatory bail isn't codified under the BNSS. It evolves through judicial practice and precedents. It restricts police's arrest powers, requiring individuals to apply for transit anticipatory bail in the nearest high court when apprehending arrest in another state.
Watch JudiX’s 1 minute video lecture on Bail by Court of Sessions and High Court & Bail by Magistrate under BNSS
Case Laws on Transit Anticipatory Bail:
1. HoneyPreet Insan v. State (2017):
- Emphasized that when an accused is genuinely within the territorial jurisdiction of the court where the case is filed, transit anticipatory bail may be rejected without getting into the case's merits.
2. Sailesh Jaiswal v. State of West Bengal (1998):
- Established that transit bail can only be granted for a limited time, ensuring the accused complies with court-set conditions and surrenders to the court of appropriate jurisdiction.
Anticipatory Bail in Practice:
- Priya Mukarjee vs. State of Karnataka:
- Protecting the COO of a media company in a face TRP scam, the Karnataka High Court granted her transit bail, emphasizing the importance of personal liberty when under the threat of arrest.
Priya Indoria vs State of Karnataka and Ors (2023)
In a 2023 judgment, the Supreme Court of India, in the matter of Priya Indoria vs State of Karnataka and Ors, declared that a Sessions Court or High Court within a state possesses the authority to provide transit anticipatory bail to an accused, even if the First Information Report (FIR) is lodged in a court beyond their jurisdiction.
Conclusion:
Transit anticipatory bail serves as a protective mechanism, preventing potential misuse of arrest powers and ensuring individuals can participate in legal proceedings without the need of undergoing detention.
Here are some FAQs based on the article:
1. What is the significance of bail in the Code of Criminal Procedure?
Bail, a critical concept in the Code of Criminal Procedure, provides an arrested person with an option to avoid detention. It can be pleaded during proceedings or in anticipation of arrest, particularly in non-bailable offenses.
2. When did the concept of anticipatory bail originate, and why?
Anticipatory bail emerged in 1973 under Section 438 of the CrPC.
3. How is transit anticipatory bail defined?
"Transit" refers to passing through a jurisdiction. Transit anticipatory bail is sought when an individual anticipates arrest in a different jurisdiction than where legal proceedings are initiated.
4. Is transit anticipatory bail codified under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)?
No, transit anticipatory bail isn't codified under the BNSS. It evolves through judicial practice and precedent, restricting police arrest powers.
5. Can transit anticipatory bail applications be rejected, and on what grounds?
Yes, transit anticipatory bail may be rejected if the accused is genuinely within the territorial jurisdiction of the court where the case is filed, without delving into the case's merits.
6. How is the time period for transit bail limited, and why?
Transit bail can only be granted for a limited time, ensuring the accused complies with court-set conditions and surrenders to the appropriate jurisdiction, as established in the case of Sailesh Jaiswal v. State of West Bengal (1998).
7. Highlight a case where transit anticipatory bail protected an individual's personal liberty.
In Priya Mukarjee vs. State of Karnataka, transit bail was granted to protect the Chief Operating Officer of a media company in a face TRP scam, emphasizing the importance of personal liberty when under the threat of arrest.
Transit Anticipatory Bail under BNSS (Bharatiya Nagarik Suraksha Sanhita, 2023)
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