Correct option is B
Under Section 482 of BNSS, anticipatory bail is available specifically for non-bailable offenses. A person apprehending arrest for a non-bailable offense can seek anticipatory bail, allowing them to be released on bail before their arrest.
Information Booster:
Anticipatory Bail under Section 482 of BNSS allows a person to seek bail in anticipation of an arrest for a non-bailable offense. This provision is designed to protect individuals from unjust or unfounded accusations that could result in arrest. The key objective of anticipatory bail is to prevent unnecessary detention before trial.
Key Points:
1. Non-Bailable Offenses: These offenses are typically more serious in nature, such as murder, rape, or serious fraud. In such cases, bail is not automatically granted, and the court has discretion to either release or detain the accused. However, under Section 482, a person who fears being arrested for such a serious offense can apply to the Sessions Court or the High Court for anticipatory bail.
2. Court's Discretion: The court considers several factors before granting anticipatory bail, including:
· The nature and gravity of the offense.
· The likelihood of the accused fleeing or tampering with evidence.
· The antecedents of the accused (whether they have a history of criminal conduct).
· Whether the accusation seems malicious or politically motivated.
3. Anticipatory Bail Conditions: The court may impose conditions on the grant of anticipatory bail, such as:
· The accused must make themselves available for interrogation.
· They may not leave the country without permission.
· They must not intimidate or influence witnesses.
Additional Knowledge:
1. Bailable Offenses (Option a): For bailable offenses, the right to bail is guaranteed, and there is no need to apply for anticipatory bail. If a person is accused of a bailable offense, they have the right to be released on bail immediately after arrest, without needing to file for anticipatory bail under Section 438. Therefore, Option (a) is incorrect.
2. Cognizable Offenses (Option c): A cognizable offense is one in which the police have the authority to arrest the accused without a warrant and to start an investigation. Many non-bailable offenses are cognizable, but anticipatory bail is not exclusive to cognizable offenses. Therefore, while many non-bailable offenses are also cognizable, anticipatory bail is specifically related to non-bailable offenses, making Option (b) the correct answer over Option (c).
