top of page

Understanding The Concept Of Transit Anticipatory Bail




Sahiba Singh, VIPS, GGSIPU


Definition and Legal Framework


Transit anticipatory bail is a unique form of bail offering temporary protection to individuals who foresee an arrest by police officials from a state different from their current residence. Although this concept is not directly mentioned in the Code of Criminal Procedure (CrPC) or any other piece of Indian legislation, it finds its foundation in judicial precedents and the courts' inherent powers.


It has emerged as a "judge-made law," evolving through various court rulings and interpretations of the existing legal framework.


The principles of transit anticipatory bail are inferred from the guidelines of anticipatory bail, as stated in Section 438 of the CrPC. This section allows a person to seek bail, believing they might be arrested for a non-bailable offense. Transit anticipatory bail takes this concept further by permitting an individual to seek temporary bail from a court within their present jurisdiction, even if the alleged offense took place in another state.


This form of bail provides a temporary shield to prevent arrest during the transition to apply for anticipatory bail in the court with territorial jurisdiction over the place where the offense allegedly occurred.

Comments


Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

Submit Manuscript: Click here

Open Access Logo

Licensing:

​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

bottom of page