Anticipatory bail

Anticipatory Bail

Anticipatory bail

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Under Indian criminal law, there is a provision for anticipatory bail under Section 438 of the Criminal Procedure Code. This provision allows a person to seek bail in anticipation of an arrest on accusation of having committed a non-bailable offence.

On filing AB , the opposition party is notified about the bail application and the opposition can then contest the bail application in court (public prosecutor can also be used to do this).

Anticipatory bail is nowadays being used for countering false 498 cases (Dowry law). It is one of the first and last lines of defense for a 498A victim for preventing him (groom) and his family getting arrested on trumped-up charges by the estranged daughter-in-law.

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