The right to liberty is sanctified as one of the fundamental rights in Article 21 of the Indian Constitution, and its practise is prescribed in Article 22(2) as a working theorem and its corollaries in Sections 436, 437, and 439 of the Code of Criminal Procedure, 1973 with a new multiple of Anticipatory Bail.

The right to liberty is both a natural right and a basic human right.

A person must, nevertheless, respect the legal rights of others, such as the inviolability of their body and property. When a person is reasonably suspected of committing a crime, the legal system is activated to arrest him, bring him to trial, and punish him if he is proven guilty.

In the 41st report, the Law Commission of India suggested including a mechanism for Anticipatory Bail.

Section 438 of the Criminal Procedure Code dealt with anticipatory bail. This provision allows a person to apply for bail before being arrested on suspicion of a non-bailable offence.

It is a court order that a person be released on bail before being arrested.


Bail refers to the temporary release of an accused person awaiting trial in exchange for a monetary deposit to ensure their appearance in court.

 To put it another way, a prisoner’s release or securing his or her release is contingent on the payment of bail. It is possible to characterize it as safety. Pledged or provided to a court by or on behalf of a person accused of committing a crime, such as cash, a bond, or property, in order to obtain release from incarceration and to ensure the person’s future appearance in court, when necessary, throughout the criminal case.


Anticipatory Bail is utilised when the accused has a reasonable risk of being arrested for a cognizable offence.

Bail is a legal remedy that allows a person to gain temporary freedom while his case is being resolved. A person may be able to avoid arrest entirely depending on the seriousness of the allegations. However, there are instances where an arrest is made and the offender is released under the rules of the Criminal Procedure Code’s bail provisions.

 Anticipatory bail comes as a relief to many accused people in criminal situations, especially those involving dowry. It’s literally applied for in the hopes of being arrested.

A five-judge bench of the Supreme Court issued the first landmark judgement on anticipatory bail on April 9, 1980, in Gurbaksh Singh Sibbia v. State of Punjab, which established the prevailing law of the land on this matter as well as certain guiding principles on the idea of anticipatory bail.

 While considering personal liberty as a fundamental right under Article 21, the Supreme Court stated that any provision of law dealing with an individual’s personal liberty cannot be unduly whittled down by reading restrictions into it, particularly those that are not mentioned in the statute itself.


Courts have consistently clarified the scope and reach of the statute on anticipatory bail.

Since Section 438 was included in the Code as an antidote to wrongful arrests and detentions, it is in the public interest for Section 438 to be construed properly under Article 21 to prevent arbitrary and excessive restrictions on personal liberty.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge

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