Bail and Anticipatary bail

Hi, 

The main differences between Bail and anticipatory bail are:

1) Provisions relating to bail are contained in Sections 436 and 437 CrPC, whereas anticipatory bail is mentioned under Section 438.

2) Bail may be granted to the accused by any Judicial Magistrate or Court but anticipatory bail may be granted only by the High Court or Sessions Court.

3) Bail is a post-arrest legal process and is granted only after the arrest of the person whereas anticipatory bail is a pre-arrest legal process in anticipation of the possibility of arrest of a person.

4) Bail is ordinarily granted as a matter of right in case of bailable offence and it may also be granted in non-bailable offences under Section 437, CrPC. However, the power to grant anticipatory bail is of an extra-ordinary character that is sparingly used by the Court.

 

Hope this solves your query.

Regards,
Archit.

thanks sir

A gets arrested for a crime, he applies to the police or the court when he reaches there for bail and is let out (maybe) - This is bail.

A 'anticipates' that he might be alleged against and arrested, so he goes to the court in advance, High court or Sessions as rightly conveyed by the expert above, and asks for a bail in advance and promises that he would not flee. The court gives him bail in advance and he does not go behind the bars when actually alleged against. He can show police the order from the court and police will not take him (They might in certain circumstances though). This is anticipatory bail!

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