G.H.RAISONI UNIVERSITY SCHOOL OF LA
AMRAVATI,ANJANGAON BARI ROAD 202
2023
PRESENTATION ON BAIL
In partial fulfillment of the requirements for the award of degree
In
Bachelor of Laws
Submitted by
NIKITA.S.DAKHORE
Under the guidance of
Asst.Prof.Bhuvanesh Bawankar
, Introduction
• Article 21 of the Constitution of India guarantees the protection of life and
personal liberty to all persons. It guarantees the fundamental right to live
with human dignity and personal liberty, which in turn gives us the right to
ask for bail when arrested by any law enforcement authority.
• The provision of anticipatory bail under Section 438 was introduced in the
Code of Criminal Procedure in 1973 (hereinafter referred to as CrPC or
Criminal Procedure Code). It is based on the recommendation of the Law
Commission of India, which in its 41st report, recommended the
incorporation of a provision of anticipatory bail. The report stated that
“The necessity for granting anticipatory bail arises mainly because
sometimes influential persons try to implicate their rivals in false cases for
the purpose of disgracing them or for other purposes by getting them
detained in jail. Apart from false cases, where there are reasonable
grounds for holding that a person accused of an offence is not likely to
abscond, or otherwise misuse his liberty while on bail, there seems no
justification to require him to first to submit to custody, remain in prison
for some days and then apply for bail.”
AMRAVATI,ANJANGAON BARI ROAD 202
2023
PRESENTATION ON BAIL
In partial fulfillment of the requirements for the award of degree
In
Bachelor of Laws
Submitted by
NIKITA.S.DAKHORE
Under the guidance of
Asst.Prof.Bhuvanesh Bawankar
, Introduction
• Article 21 of the Constitution of India guarantees the protection of life and
personal liberty to all persons. It guarantees the fundamental right to live
with human dignity and personal liberty, which in turn gives us the right to
ask for bail when arrested by any law enforcement authority.
• The provision of anticipatory bail under Section 438 was introduced in the
Code of Criminal Procedure in 1973 (hereinafter referred to as CrPC or
Criminal Procedure Code). It is based on the recommendation of the Law
Commission of India, which in its 41st report, recommended the
incorporation of a provision of anticipatory bail. The report stated that
“The necessity for granting anticipatory bail arises mainly because
sometimes influential persons try to implicate their rivals in false cases for
the purpose of disgracing them or for other purposes by getting them
detained in jail. Apart from false cases, where there are reasonable
grounds for holding that a person accused of an offence is not likely to
abscond, or otherwise misuse his liberty while on bail, there seems no
justification to require him to first to submit to custody, remain in prison
for some days and then apply for bail.”
