Evolving Protections: The Jurisprudence And Predicaments Of Anticipatory Bail In India
- IJLLR Journal
- May 15
- 1 min read
Himanshi Gahlaut, Vivekananda Institute of Professional Studies, GGSIPU, Delhi
ABSTRACT
This article explores the evolving jurisprudence surrounding anticipatory bail in India, a legal safeguard designed to protect individual liberty against arbitrary arrest in non-bailable offences. Originally codified under Section 438 of the Code of Criminal Procedure, 1973, and now carried forward under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, anticipatory bail has become a cornerstone of criminal procedural law. The study examines key constitutional principles, landmark judgments, and the dynamic interpretation of the provision by Indian courts, including the Supreme Court's shift from cautious application to broader constitutional protection in cases such as Gurbaksh Singh Sibbia and Sushila Aggarwal. At the same time, it analyzes the persistent challenges in granting anticipatory bail in sensitive cases like economic offences, proclaimed offenders, where judicial discretion becomes both critical and controversial. The article also assesses the continuity and innovations introduced by the BNSS, 2023, and reflects on how anticipatory bail embodies the tension between individual rights and the imperatives of criminal justice. It concludes that while anticipatory bail remains a powerful instrument for protecting liberty, its future lies in balanced and context-sensitive judicial application.
