criminalEnglish origin
Anticipatory Bail
Bail granted in anticipation of arrest � a pre-arrest order directing that the applicant be released if arrested.
Full Definition
Anticipatory bail is a pre-arrest direction by the Sessions Court or High Court. If arrested in a non-bailable case, the applicant is released on bail. The court considers: nature of accusation, antecedents, flight risk.
In Indian Law
Section 438 CrPC (Section 482 BNSS). In Sushila Aggarwal v. State of NCT of Delhi (2020), a 9-judge bench held anticipatory bail need not be time-limited.
Landmark Cases
Gurbaksh Singh Sibbia v. State of Punjab (1980) � Liberal approach to anticipatory bail
Sushila Aggarwal v. State of NCT of Delhi (2020) � Anticipatory bail not time-limited