Anticipatory Bail under Section 438 of the Criminal Procedure Code, 1973 can be invoked in cases of?

Solution (By Examveda Team)

Anticipatory Bail under Section 438 of the Criminal Procedure Code, 1973:
Anticipatory bail is a legal provision that allows a person to seek bail in anticipation of arrest. It is granted under Section 438 of the Code of Criminal Procedure (CrPC), 1973, to prevent undue harassment or unjustified detention. This type of bail is sought before a person is actually arrested, ensuring protection from immediate custody.

Correct Answer: Option B – Non-bailable offences
Anticipatory bail can only be invoked in cases of non-bailable offences. These are serious offences where bail is not a matter of right and is granted only at the discretion of the court. Since bailable offences already provide an accused with the right to bail under Section 436 of CrPC, anticipatory bail is not required for such cases.

Explanation:
   >>   Section 438 of the CrPC empowers the High Court or Sessions Court to grant anticipatory bail if a person believes they may be arrested for a non-bailable offence.
   >>   Non-bailable offences are typically more serious in nature, such as offences involving grievous hurt, theft, rape, murder, or economic fraud.
   >>   The court considers factors such as the nature of the accusation, the applicant’s history, and whether granting bail would affect the investigation before deciding on anticipatory bail.

Since anticipatory bail is not applicable to bailable offences (as bail is automatically granted in such cases), Option B – Non-bailable offences is the correct answer.