Question:
Which one of the following provisions of CrPC deals with anticipatory bail?
Which one of the following provisions of CrPC deals with anticipatory bail?
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Remember the key bail sections in order: S.436 (Bailable offences), S.437 (Non-bailable offences - regular bail), and S.438 (Anticipatory bail - pre-arrest).
Updated On: Nov 1, 2025
- Section 437
- Section 438
- Section 439
- None of the above
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The Correct Option is B
Solution and Explanation
The provisions for bail are located in Chapter XXXIII of the CrPC. Section 438 specifically deals with "Direction for grant of bail to person apprehending arrest," which is commonly known as anticipatory bail. This unique provision allows a person who anticipates being arrested on an accusation of a non-bailable offence to apply to the High Court or the Court of Session for a direction that they be released on bail in the event of such an arrest. In contrast, Section 437 deals with regular bail in non-bailable cases (before a Magistrate), and Section 439 outlines the special powers of the High Court and Court of Session regarding bail.
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