Sahiba Singh, VIPS, GGSIPU
Definition and Legal Framework
Transit anticipatory bail is a unique form of bail offering temporary protection to individuals who foresee an arrest by police officials from a state different from their current residence. Although this concept is not directly mentioned in the Code of Criminal Procedure (CrPC) or any other piece of Indian legislation, it finds its foundation in judicial precedents and the courts' inherent powers.
It has emerged as a "judge-made law," evolving through various court rulings and interpretations of the existing legal framework.
The principles of transit anticipatory bail are inferred from the guidelines of anticipatory bail, as stated in Section 438 of the CrPC. This section allows a person to seek bail, believing they might be arrested for a non-bailable offense. Transit anticipatory bail takes this concept further by permitting an individual to seek temporary bail from a court within their present jurisdiction, even if the alleged offense took place in another state.
This form of bail provides a temporary shield to prevent arrest during the transition to apply for anticipatory bail in the court with territorial jurisdiction over the place where the offense allegedly occurred.
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