Question
Consider the following statements regarding
anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023: Statement 1: Anticipatory bail is available for all offences, including cognizable offences punishable with life imprisonment. Statement 2: A person apprehending arrest must approach the High Court or Court of Session for anticipatory bail. Statement 3: The Court may impose conditions on the grant of anticipatory bail, including reporting to the police station periodically. Statement 4: Anticipatory bail ceases to be valid if the person is arrested after its grant. Which statements are correct?Solution
Section 482 empowers the High Court or Court of Session to grant anticipatory bail. Statement 2 is correct regarding the forum. Section 482 does not limit anticipatory bail to specific offences, but judicial practice restricts it to non-cognizable or lesser cognizable offences. Statement 1 is thus incorrect in its absolute form (cannot be for all offences or life imprisonment). Statement 3 is correct—the Court can impose conditions. Statement 4 is incorrect because anticipatory bail remains valid and provides protection against arrest if the person approaches the Court after receiving notice. The person is then released on the terms of the bail bond. Statements 2 and 3 are correct.
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