“Anticipatory Bail: Inching Towards Article 21?”, 8 February 2020
Scope and Contents
The Upendra Baxi Collection is a digital collection that currently comprises a single series, Bibliography. This series is organised into several subseries, including Published Academic Articles, Published Book Chapters, Published Books, Published Book Reviews, Published Lectures and Presentations from Conferences and Seminars, Newspaper Articles, Letters and Correspondence (Mathura Rape Case), Other Media, and Media Articles by Others on the Mathura Rape Case.
Dates
- Publication: 8 February 2020
Creator
- Upendra Baxi (Author, Person)
- Sharunya (Archives Intern, Person)
- Meghashree Dev (Processing Archivist, Person)
Full Extent
From the Collection: 250 Megabytes
Language of Materials
English
Abstract
This article discusses the evolution of "Anticipatory Bail" (Section 438 CrPC) as a shield against arbitrary arrest and political vendetta. Baxi analyzes the Sushila Aggarwal judgment, where the Supreme Court held that anticipatory bail should not be limited by time. He argues that this "liberal interpretation" aligns with the "right to life and liberty" under Article 21. The synopsis emphasizes that anticipatory bail is not a "license to escape justice" but a "protection against the indignity of arrest." Baxi views this as a victory for the "presumption of innocence" in a criminal justice system prone to executive abuse. In India Legal.
Topical
Repository Details
Part of the NLS Law and Society Archives Repository