CrPC MCQ: Bail Under Section 438
crpc_bnss du_llb advanced mcq_helpQuestion: Under Section 438 CrPC, when a person is arrested in connection with a Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Act, the court can grant anticipatory bail if—
A) The person gives an undertaking to appear before the court on the next hearing date in case the police fail to obtain a magistrate's remand order B) The person is willing to surrender their passport to the court C) The person has a clean police record over the past 5 years D) The police officer in charge has filed an affidavit stating that the person is unlikely to commit any further offenses
Answer:
My wrong attempt: B (Wanted to show 'commitment')
Correct Answer: A
Explanation: Section 438 CrPC (Direction for grant of bail to person apprehending arrest) can be invoked if a person has a reasonable apprehension of arrest.
Section 438 of CrPC deals with bail under exceptional circumstances. Anticipatory bail granted when court feels that applicant may be arrested for reasons not covered under Section 438(2). Main requirements: applicant must show a prima facie case, sufficient grounds for believing that arrest would result in 'custodial torture' or 'threat to life'. Court grants bail to protect applicant from unlawful arrest, not for proving their innocence.