Question
Which section of the Bharatiya Nagarik Suraksha Sanhita,
2023 corresponds to the provision for "anticipatory bail"?Solution
Section 438 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the provision for anticipatory bail, just like Section 438 of the old Criminal Procedure Code (CrPC), 1973. This provision allows a person who apprehends arrest for a non-bailable offence to apply for bail in anticipation of such arrest, from the High Court or Sessions Court. Key features include: • Conditions may be imposed such as not leaving jurisdiction, cooperating in investigation, etc. • It protects personal liberty by preventing unjustified arrest.
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