Question

Order granting anticipatory bail becomes operative becomes operative

• A. on arrest
• B. on passing of the order by the court
• C. prior to arrest
• D. none of the above

Hint:

Think of anticipatory bail as a "pre-approved" bail bond. It doesn't stop the police from making an arrest (which is a formal procedure), but it ensures that the moment they do, the person has an immediate right to be released based on the court's prior order.

Answer 1

The Correct Option is A

Step 1: Understanding the Concept:
Anticipatory bail, governed by Section 438 of the CrPC, is a pre-arrest legal remedy. A person who apprehends being arrested on an accusation of having committed a non-bailable offence may apply to the High Court or the Court of Session for a direction under this section. The question asks at what point this direction or order actually takes effect.
Step 2: Detailed Explanation:
An order of anticipatory bail is not a blanket immunity from arrest. It is a direction to the police or any other authority that if the person is arrested, they shall be released on bail. The wording of Section 438(1) is key: "...direct that in the event of such arrest, he shall be released on bail." This means the order is contingent upon the arrest of the person. It does not prevent the arrest itself, but it ensures immediate release on bail once the arrest is made. Therefore, the order lies dormant until the moment of arrest and becomes operative at that precise point. It is not operative from the moment it is passed by the court, nor does it operate prior to arrest. Its entire purpose is to be triggered by the event of arrest.
Step 3: Final Answer:
An order granting anticipatory bail becomes operative on arrest.