Anticipatory Bail And The Criminal Justice System In India

Manali Singh, Jindal Global Law school

ABSTRACT

The social reputation along with personal liberty are amongst the two most important things in the life of any human being. Most of the times, when one person beholds enmity with another person, the first thing they try to do is hamper the reputation as well as the personal liberty of the other individual and usually to serve this purpose the criminal justice system is often misused. vested interests of the parties file the fallacious case, and consequently the alleged party may be arrested which may hamper their reputation along with liberty. In order to prevent such misuse, it becomes the responsibility of the criminal justice system to protect innocent from being falsely alleged in such cases. The criminal justice system has introduced anticipatory bail to protect the liberty of such people. However, it is important to note that with time the scenario has changed and now even offenders of grievous crimes are invoking this provision, which was not the actual intent behind including this provision. Therefore, this paper attempts to analyze the provisions as well as case laws related to anticipatory bail.