Question

Which statement is not correct regarding anticipatory bail?

• A. It protects the accused from undue harassment
• B. It safeguards accused personal liberty
• C. It is granted in women related offences
• D. It is granted before arrest

Hint:

Anticipatory bail is a discretionary power of the court, not a right of the accused. It is never "automatically" granted for any specific category of crime; the court always examines the facts and gravity of the case.

Answer 1

The Correct Option is C

Step 1: Define Anticipatory Bail. Anticipatory bail is a legal provision under Section 438 of the Code of Criminal Procedure (CrPC). It allows a person who anticipates being arrested for a non-bailable offense to apply to a court for a direction that, in the event of arrest, they shall be released on bail.

Step 2: Analyze the given statements.
(A) It protects the accused from undue harassment: This is one of the primary purposes of anticipatory bail - to protect individuals from being arrested on false or malicious charges. This statement is correct.
(B) It safeguards accused personal liberty: By preventing pre-trial incarceration, it directly safeguards a person's liberty, which is a fundamental right. This statement is correct.
(D) It is granted before arrest: The very name "anticipatory" implies that it is sought in anticipation of an arrest. It is a pre-arrest legal remedy. This statement is correct.
(C) It is granted in women related offences: This statement is a sweeping generalization and therefore not correct. Whether to grant anticipatory bail is at the discretion of the court, based on the seriousness of the allegations. In many serious offenses against women (like those under Section 376 of the IPC - rape), courts are extremely reluctant to grant anticipatory bail, and some laws even restrict it. It is not an automatic right in any category of offense.