UNKNOWN FACTS ABOUT ANTICIPATORY BAIL IN INDIA

The Right to various types of Freedom has been stated under Articles 19 to 22 of the Constitution of India, 1949. Article 19 gives the right to freedom of speech and expression, assembly, to travel and to stay in any part of India or practice any profession. These are not the absolute rights, but must be subjected to certain restrictions. Article 20 offers protection with respect to certain offences and acts. For example, a protection in case of ex post facto laws, and prevents double jeopardy. It will be expressed in the Latin Maxim: Nemo Debet Bis Puniri Pro Uno Delicto. It has the meaning that no man will be punished twice for one crime.

 

Anticipatory Bail gives freedom to the person, and it is a great protection to people who are falsely associated in non-bailable offences to fulfill the personal vengeance of their rivals. There contain certain conditions related to this freedom, that will times the applicant, when he fails to comply. This results in the cancellation of the Anticipatory Bail that leads to his arrest. The Code of Criminal Procedure, 1973, under Sec. 438 gives the provisions in applying for Anticipatory Bail.

 

Section 438 in The Code Of Criminal Procedure, 1973

 

438. Direction for grant of bail to person apprehending arrest.

 

(1) When any person has reason to believe that he may be arrested on an accusation of having committed a non- bailable offence, he may apply to the High Court or the Court of Session for a direction under this section; and that Court may, if it thinks fit, direct that in the event of such arrest, he shall be released on bail.

 

 

(2) When the High Court or the Court of Session makes a direction under sub- section (1), it may include such conditions in such directions in the light of the facts of the particular case, as it may think fit, including-

 

 

(i) a condition that the person shall make himself available for interrogation by a police officer as and when required;

 

 

(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

 

 

(iii) a condition that the person shall not leave India without the previous permission of the Court;

 

 

(iv) such other condition as may be imposed under sub- section (3) of section 437, as if the bail were granted under that section.

 

(3) If such person is thereafter arrested without warrant by an officer in charge of a police station on such accusation, and is prepared either at the time of arrest or at any time while in the custody of such officer to give bail, be shall be released on bail; and if a Magistrate taking cogniz-

 

 

Article 19 in The Constitution Of India 1949

 

 

19. Protection of certain rights regarding freedom of speech etc

 

 

(1) All citizens shall have the right

 

 

(a) to freedom of speech and expression;

 

 

(b) to assemble peaceably and without arms;

 

 

(c) to form associations or unions;

 

 

(d) to move freely throughout the territory of India;

 

 

(e) to reside and settle in any part of the territory of India; and

 

 

(f) omitted

 

 

(g) to practise any profession, or to carry on any occupation, trade or business

 

 

(2) Nothing in sub clause (a) of clause ( 1 ) shall affect the operation of any existing law, or prevent the State from making any law, in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub clause in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offence

 

 

(3) Nothing in sub clause (b) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of the sovereignty and integrity of India or public order, reasonable restrictions on the exercise of the right conferred by the said sub clause

 

 

(4) Nothing in sub clause (c) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of the sovereignty and integrity of India or public order or morality, reasonable restrictions on the exercise of the right conferred by the said sub clause

 

 

(5) Nothing in sub clauses (d) and (e) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, reasonable restrictions on the exercise of any of the rights conferred by the said sub clauses either in the interests of the general public or for the protection of the interests of any Scheduled Tribe

 

(6) Nothing in sub clause (g) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of the general public, reasonable restrictions on the exercise of the right conferred by the said sub clause, and, in particular, nothing in the said sub clause shall affect the operation of any existing law in so far as it relates to, or prevent the State from making any law relating to,

 

 

(i) the professional or technical qualifications necessary for practising any profession or carrying on any occupation, trade or business, or

 

 

(ii) the carrying on by the State, or by a corporation owned or controlled by the State, of any trade, business, industry or service, whether to the exclusion, complete or partial, of citizens or otherwise

 

 

Article 20 in The Constitution Of India 1949

 

 

20. Protection in respect of conviction for offences

 

 

(1) No person shall be convicted of any offence except for violation of the law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than that which might have been inflic

ted under the law in force at the time of the commission of the offence

 

 

(2) No person shall be prosecuted and punished for the same offence more than once

 

 

(3) No person accused of any offence shall be compelled to be a witness against himself

 

 

Article 21 in The Constitution Of India 1949

 

 

21. Protection of life and personal liberty No person shall be deprived of his life or personal liberty except according to procedure established by law.

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