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RESEARCH PROPOSAL

LAW RELATING TO ANTICIPATORY BAIL

PROPOSAL IN PARTIAL FULFILLMENT OF CRIMINAL LAW – II


FOR THE DEGREE B.A., LL.B (HONS.)

PROPOSED TO:- PROPOSED BY:-

FR. PETER LADIS F. NAME – KARAN SINGH RAUTELA

FACULTY OF LAW ROLL. NO. – 1736

SEMESTER – IV

2018-2019
CHANAKYA NATIONAL LAW UNIVERSITY

NYAYA NAGAR, MITHAPUR, PATNA – 800001


I. INTRODUCTION

Anticipatory bail -a term not found in any Indian legislation- refers to a pre-arrest order passed
by a court that says that in the event a person is arrested, he is to be granted bail.

The ‘anticipatory’ labelling of the order can be misleading as it is not an order which grants a
person bail before he is arrested as bail cannot come into effect before a person is arrested.
Having said that, the fundamental difference between an order for bail and one for anticipatory
bail is that the former is granted only after arrest (and becomes operative subsequently) but the
latter is granted before arrest and hence is operative from the moment of arrest.

In India, anticipatory bail can only be invoked if a person is apprehending arrest for a non-
bailable offence (as under s. 438 of the Criminal Procedure Code). A non-bailable offence is
one for which the police if not empowered to release the arrested person on bail (except under
certain special circumstance not dealt with here).

The main objective behind such a provision is to prevent those falsely implicated in criminal
cases to be subject to jail-time. The main factors considered while granting prayers for
anticipatory bail are that:

The full and free investigation of the offence should not be hampered.

The accused must not be subject to harassment and unjustified detention.

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II. OBJECTIVES OF STUDY

 to critically analyse penal provisions related to the anticipatory bail under Cr.P.C.
 to analyse the importance of this provision in order to curb the wrongful conviction of
an innocent person.

III. RESEARCH METHODOLOGY


In this project Doctrinal methods are will be used. Doctrinal Methods refer to Library research,
research or processes done upon some texts writings or Documents, legal propositions and
Doctrines, Articles, Books as well as Online Research and Journals relating to the subject.

IV. HYPOTHESIS

The researcher has presumed

 that this provision plays an important role to keep a check on the person who try to
implicate their rivals in false cases.
 that certain changes should be made in the provision in order to ensure its effective
administration.

V. SOURCES OF STUDY

 Primary sources: Case Law, Legal Sources, Indian Penal Code,1860, Bare Acts etc.
 Secondary Sources: Newspapers, journals, periodicals, etc.

VI. REVIEW OF LITERATURE

1. P.S.A. Pillai, Criminal Law, (Lexis Nexis; Thirteenth edition, 2017)

P S A Pillai’s Criminal Law has justifiably come to be known as one of the most archetypal
text on the Indian Penal Code, 1860, ever since the publication of its first edition in 1956.
This book has comprehensively covered all aspects of Criminal Law with detailed analysis of
all the categories of offences assimilated in the Code. This book preserves the essence of the
decades old legacy of providing remarkable illustrative inputs to all those interested in the

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field of criminal law and on the other covers landmark judgments which revolve around the
emerging trends in the area besides covering reforms suggested by the Law Commission and
other bodies. In this book the offences are dealt with in an academic framework with
legislative definitions that bring out the interrelationship of academic framework and the
legislative framework. This edition is a must have for all those associated with the criminal
law subject including but not limited to practitioners, academicians and students.

2. Justice K.T. Thomas & M.A. Rashid, The Indian Penal Code, (LexisNexis; Thirty Fifth
edition, 2017)

This book is amongst the most authoritative and leading commentaries on the subject. It
adopts an integrated approach and the provisions of the Code of Criminal Procedure, 1973
and the Indian Evidence Act 1872, are referred to wherever necessary for better
understanding of the complex legal topics. The predominant changes in criminality has led to
the evolvement of various new criminal statutes concerning different subjects, yet the Indian
Penal Code, the foremost statute in the field of criminal law stands resolute. The 35th edition
of the work has been extensively and meticulously revised taking into account the changes
brought about by recent legislative amendments as well as judgments of the higher courts.

VII. LIMITATIONS OF THE STUDY

There are various hindrances which can be faced by the researcher during the formation of
this project such as scarcity of time, expensive legal materials for various research works,
research done by an individual.

VIII. SCOPE

This research work will help to know the misuse of the anticipatory bail and also how it helps
to save a person from wrongful conviction. What is an “anticipatory bail” and how it differs
from ordinary bail will be dealt with the researcher in this research.

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IX. TENTATIVE CHAPTERIZATION
1. Section 438 of the Criminal Procedure Code
2. Structuring of Section 438 of CrPC
3. Characteristics of Anticipatory Bail
4. Consideration for grant of anticipatory bail
5. Role of Judiciary
6. Conclusions and suggestions

X. BIBLIOGRAPHY

 PRIMARY SOURCES
 BOOKS
o Mulla's: Commentary on the Code of Criminal Procedure, 1973 (20th Edition
2015).
o Justice M.R. Mallick, Criminal Manual (Criminal Major Acts), (Professional
Book Publishers, 2018)
o P.S.A. Pillai, Criminal Law, (Lexis Nexis; Thirteenth edition, 2017)

 STATUTES
o Indian Penal Code, 1860
o Criminal Procedure Code, 1973