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
- Courts have the power to reject anticipatory bail pleas.
- A court cannot compel an individual to surrender to the trial court if anticipatory bail is denied.
- 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.