Difference between bail and anticipatory bail
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The major difference between the two are the following:
- Bail provisions are found in Sec 436 and 437 whereas Anticipatory bail provisions are found in Sec 438
-Bail may be granted to the accused by any Judicial Magistrate or Court but anticipatory bail may be granted only by the High Court or Sessions Court.
- Bail is a post legal process which happens after the convict is arrested but an anticipatory bail is a pre-legal process which happens before the arrest.
- Granting a bail is common in the case of a bailable offence but an anticipatory bail is not common and is given out sparingly by the court.
- Bail provisions are found in Sec 436 and 437 whereas Anticipatory bail provisions are found in Sec 438
-Bail may be granted to the accused by any Judicial Magistrate or Court but anticipatory bail may be granted only by the High Court or Sessions Court.
- Bail is a post legal process which happens after the convict is arrested but an anticipatory bail is a pre-legal process which happens before the arrest.
- Granting a bail is common in the case of a bailable offence but an anticipatory bail is not common and is given out sparingly by the court.
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