Tag: anticipatory bail

Restricting Anticipatory Bail under the Atrocities Act

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-Saranya Ravindran Section 438 of the Code of Criminal Procedure [CrPC] empowers the Sessions Court and the High Court to grant anticipatory bail, i.e., the direction to release a person on bail in the event of an arrest on a non-bailable offense. Section 18 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (the Atrocities … Continue reading Restricting Anticipatory Bail under the Atrocities Act

Anticipatory Bail and Children in Conflict with Law

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By Shantanu Pachauri A constitutional bench of the Supreme Court in Gurubakash Singh Sibbia v. State of Panjab (1980) while distinguishing normal bail from anticipatory bail held that while the former is granted after an arrest, releasing a person from the custody of the police, the latter is granted in anticipation of arrest and is … Continue reading Anticipatory Bail and Children in Conflict with Law