The Aspects Of Regular As Well As Anticipatory Bail In Various Domains
Introduction The doctrine of bail holds a central place in Indian criminal jurisprudence because it represents a constitutional as well as procedural mechanism through which personal liberty is protected in a pending trial, however, the same is subject to conditions stipulated in Criminal Procedure Code, 1973 (“CrPC”). CrPC has equipped the Indian courts with the power to grant anticipatory bail (Section 438) and/or regular bail (Sections 437 and 439) and this power is neither unbounded nor mechanical. In special statutes such as the Protection of Children from Sexual Offences Act, 2012 (“POCSO”) , and the Narcotic Drugs & Psychotropic Substances Act, 1985 (“NDPS Act”) as well as in cases of economic crime, courts calibrate this discretion with statute-specific constraints and heightened judicial vigilance. This blog analyses the legal framework of anticipatory and regular bail in the aforesaid four domains. For each domain, we will examine the s...