The provision of section 482 of Bharitya Nagrik Suraksha Sanhita, 2023 regulates the law of anticipatory bail in India, superseding the previous Section 438 of the Code of Criminal Procedure (CrPC).
The provision of section 482 of Bharitya Nagrik Suraksha Sanhita, 2023 regulates the law of anticipatory bail in India, superseding the previous Section 438 of the Code of Criminal Procedure (CrPC).
“Personal liberty is a very precious fundamental right, and it should be curtailed only when it becomes imperative according to the peculiar facts and circumstances of the cases”
CASE NAME State of Maharashtra v. Madhukar Narayan Mardikar, (1991) 1 SCC 57 CITATION AIR 1991 SC 207, [1991(61)
CASE NAME Deepak Gulati v. State of Haryana, (2008) 1 SCC 213 CITATION 2008 ALL SCR 97 COURT Supreme Court
A person who is in the apprehension of his arrest under a non-bailable offense can apply for Anticipatory Bail to High Court or Sessions Court. It is at the discretion of the court whether to grant anticipatory bail or not.
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