Please use this identifier to cite or link to this item: http://hdl.handle.net/10739/4774
Title: Evolution of law on anticipatory bail in India
Authors: Shah, Malika Galib
Chadha, Vaibhav
Keywords: Sushila Aggarwal v State (NCT of Delhi)
Section 438 Code of Criminal Procedure 1973
Gurbaksh Singh Sibbia v State of Punjab
Anticipatory Bail
Bail
Issue Date: May-2021
Publisher: Janus.net, E-journal of International Relations, OBSERVARE. Universidade Autónoma de Lisboa, Portugal
Citation: Shah, M.G. and Chadha, V. (2021). Evolution of law on anticipatory bail in India. Janus.net, E-journal of International Relations.12(1), 251-264.
Abstract: Sushila Aggarwal v State (NCT of Delhi) forms an important part of the law on anticipatory bail in India. Prior to Sushila Aggarwal judgment, the law on anticipatory bail in India was ambiguous due to the varying interpretations of section 438 of the Criminal Procedure Code 1973 (anticipatory bail) by the Supreme Court. It was only in the year 2020 that the law on the matter was settled by the Supreme Court in its Sushila Aggarwal judgment. With this paper, the authors aim to trace the evolution of the law on anticipatory bail in India. It focusses on the landmark judgments of the Supreme Court and meanders its way through conflicting opinions of the Court. The paper concludes by welcoming the Sushila Aggarwal judgment for settling the long ambiguous law on anticipatory bail in India. However, it also highlights the concerns that Constitution Bench failed to appreciate, which if addressed would have made the law free of the loopholes presently plaguing the law on anticipatory bail.
URI: https://doi.org/10.26619/1647-7251.12.1.14
http://hdl.handle.net/10739/4774
ISSN: 1647-7251
Appears in Collections:JGU Research Publications

Files in This Item:
File Description SizeFormat 
0 EN-vol12-n1-art14.pdfMain Article387.08 kBAdobe PDFView/Open


Items in DSpace are protected by copyright, with all rights reserved, unless otherwise indicated.