IPC Section 438
Here’s a clear explanation of IPC Section 438:
IPC Section 438 — Direction for pre-arrest bail
What it says:
This section gives a person who anticipates arrest in a non-bailable offense the right to apply to the court for pre-arrest bail (also called anticipatory bail).
Key points:
When a person fears arrest for a non-bailable offense, they can seek anticipatory bail.
The court can grant bail before the arrest happens.
This is meant to protect individuals from unnecessary or wrongful arrest.
Purpose:
To ensure that a person is not wrongfully detained or harassed by police.
Provides a legal remedy before arrest.
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