StrivefyCurrent Affairs
PolityGS-II· 1 min read

Supreme Court on Anticipatory Bail and Surrender

Why in news?

The Supreme Court clarified that while a court can reject an application for anticipatory bail, it does not have the jurisdiction to direct the accused to surrender before the trial court.

Key points

  1. Courts have the power to reject anticipatory bail pleas.
  2. A court cannot compel an individual to surrender to the trial court if anticipatory bail is denied.
  3. This ruling clarifies the limits of judicial power in bail proceedings.

Background & context

Anticipatory bail is a pre-arrest bail granted by a court to a person who apprehends arrest on an accusation of having committed a non-bailable offense. The Supreme Court's pronouncements on bail and arrest procedures are crucial for understanding individual liberties and the criminal justice system.

★ Prelims fact capsule

Anticipatory bail is provided under Section 438 of the Code of Criminal Procedure (CrPC).

✎ Mains relevance

GS Paper II: Governance, Polity, Judiciary, Fundamental Rights. Issues relating to the functioning of the judiciary and its powers.