Anticipatory Bail and Criminal Justice System in India

Authors

  • Prof. Pradeep Singh Faculty of Law, Banaras Hindu University

DOI:

https://doi.org/10.47742/ijbssr.v1n4p1

Keywords:

Anticipatory bail, Arrest, bail, crime, criminal justice system, custody, personal liberty, society

Abstract

Social reputation and personal liberty are two important things in life human beings which are most dear and most respected. Whenever any person has enmity with another person, he tries to affect the social reputation and personal liberty of later person and usually for the purpose criminal justice system is misused. Vested interests file the false case, thereby, the alleged person may be arrested and kept in custody which may cause a loss of reputation and personal liberty of the alleged person. Such misuse of the criminal justice system is a reality. Therefore, it is the responsibility of the criminal justice system itself to protect innocent persons falsely alleged in a criminal case. Indian criminal justice system has prescribed anticipatory bail to protect the falsely alleged person. This article will analyze the legal regime provided in the Indian criminal justice system about anticipatory bail.

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References

References:

Cases:

Gurbaksh Singh Sibbia v. State of Punjab 1980 CrLJ 1125

Salauddin Abdulsamad Shaikh v. State of Maharashtra AIR 1996 SC 1042

K L Verma v. State (1998) 9 SCC 348

Naresh Kumar Yadav v. Ravindra Kumar AIR 2008 SC 218

Niranjan Singh v. Prabhakar Rajaram Kharote AIR 1980 SC 785

HDFC Bank Ltd v. J J Mannan @ J M John Paul AIR 2010 SC 618

Satpal Singh v. State of Punjab AIR 2018 SC 2011

Adri Dharan Das v State of W. Bengal (2005) 4 SCC 303

D K Ganesh Babu v. P T Manokaran AIR 2007 SC 1450

Munish Bhasin v. State (Government of NCT of Delhi) (2009) 4 SCC 45

Kunal Kumar Tiwari alias Kunal Kumar v. State of Bihar AIR 2017 SC 5416

Bhadresh Bipinbhai Sheth v. State of Gujarat AIR 2015 SC 3090

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Published

2020-12-16

How to Cite

Singh, P. P. (2020). Anticipatory Bail and Criminal Justice System in India. International Journal of Business and Social Science Research, 1(4), 1–9. https://doi.org/10.47742/ijbssr.v1n4p1

Issue

Section

Research Article