Understanding Anticipatory Bail and Its Cost in India
Getting tangled in a criminal case can be stressful and overwhelming, especially when there’s a fear of arrest. One common legal step people take in such situations is applying for anticipatory bail. In this blog, I will explain what anticipatory bail means, when it can be applied for, and how much it may cost depending on various factors.
What is Anticipatory Bail in India?
An anticipatory bail is a legal provision that protects a person from arrest. It allows someone to apply for bail in anticipation of being arrested. This is covered under Section 438 of the Code of Criminal Procedure (CrPC).
If the court grants anticipatory bail, the police cannot arrest the person immediately after an FIR is filed. Instead, the person can continue being out on bail while cooperating with the investigation.
Can Anticipatory Bail Be Filed Before an FIR?
Yes, it is possible. Courts have accepted anticipatory bail applications even if an FIR has not yet been registered, as long as the fear of arrest is real and backed by material evidence such as a complaint copy or prior threats. However, not all courts may entertain it unless a specific reason exists.
Can Anticipatory Bail Be Granted in Bailable Offences?
Technically, anticipatory bail is not needed for bailable offences because bail is usually granted by the police or magistrate as a matter of right in such cases. Anticipatory bail mainly applies to non-bailable offences, where bail is at the court’s discretion.
Can Anticipatory Bail Be Filed After a Chargesheet?
After the police file a chargesheet, the situation changes. The best option then is to apply for regular bail. Courts may sometimes consider anticipatory bail even after a chargesheet, but this is rare and depends on specific case circumstances.
How Much Does Anticipatory Bail Cost?
The cost of anticipatory bail varies depending on the location, complexity of the case, and lawyer’s experience. Generally, the following expenses are involved:
- Lawyer’s fee: This can range from ₹10,000 to ₹1,00,000 or more, based on the advocate’s reputation and case urgency.
- Court fees: This is usually a small fixed amount, around ₹500 to ₹1,000.
- Miscellaneous expenses: Photocopying, affidavit documentation, notary charges, etc.
In most average cases in India, especially in session courts, the total cost may be approximately ₹15,000 to ₹50,000. In High Courts, fees might be slightly higher.
Anticipatory Bail for 498A
Section 498A IPC, which relates to cruelty against a wife by her husband or in-laws, often results in anticipatory bail applications. These cases are sensitive and complex. Courts do grant anticipatory bail in such cases if the allegations appear exaggerated or if there’s no need for custodial interrogation.
It’s important to present supportive evidence like call records, WhatsApp messages, or past complaints to show the case’s background. Courts also consider if there’s a possibility of a settlement.
Anticipatory Bail and BNSS Section
With the introduction of the Bharatiya Nagarik Suraksha Sanhita (BNSS), anticipatory bail provisions are expected to be streamlined. The government is aiming to make the process quicker and more accountable. However, until BNSS is fully enforced and replaces the CrPC, Section 438 of CrPC remains the main law governing anticipatory bail.
Conclusion
Anticipatory bail is a vital safeguard in our legal system. It prevents unnecessary arrests and gives the accused a chance to defend themselves. Whether the case involves dowry harassment under 498A or any non-bailable offence, timely legal advice is key.
If you or someone you know fears arrest, contact an experienced criminal lawyer immediately. The right legal help not only saves you from arrest but also ensures your rights are protected at every step.