Open Access Research Article
ANTICIPATORY BAIL IN RAPE CASES: UNDERSTANDING THE LAW BEYOND PUBLIC PERCEPTION
Abstract
Rape is one of the most
serious and heinous offences against the human body, and a person found guilty
of committing such an offence must be subject to appropriate punishment in
accordance with law. However, while addressing the genuine allegations of rape,
it is equally important to recognise that the allegation may in certain cases,
be false or motivated, thereby affecting not only the accused but also the
integrity of the criminal justice process. This raises an important question:
should a person who may ultimately be found innocent be subjected to arrest and
its accompanying consequences merely on the basis of accusation?
Against this backdrop, the
grant of anticipatory bail in rape cases, often becomes a subject of intense
public scrutiny. Anticipatory bail, essentially a form of pre-arrest
protection, is granted by courts in appropriate circumstances to safeguard an
individual's personal integrity while ensuring that the process of
investigation is not compromised. But on what basis does a court exercise this
discretion? What parameters guide the court while determining whether an
accused should receive protection from arrest, particularly in cases involving
allegations as grave as rape ?
This article seeks to
examine the jurisprudential reasoning behind the grant of anticipatory bail in
rape cases and the factors that courts consider while exercising this
discretion. The central questions that this discussion seeks to address is “When
a court grants anticipatory bail in rape cases, is it expressing disbelief in
the allegation, or is it merely determining whether custodial arrest is
necessary at the stage of investigation”.
Published Paper
Author Details
Authors: PRASHASTI PATHAKRegistration ID: 1013627 | Published Paper ID: IJLRA13627Approved ISSN: 2582-6433 | Country: Delhi, India
Article Information
ANTICIPATORY BAIL IN RAPE CASES: UNDERSTANDING THE LAW BEYOND PUBLIC PERCEPTION
Authors: PRASHASTI PATHAK
- Journal IJLRA
- ISSN 2582-6433
- Volume 3
- Issue 8
About Journal
International Journal for Legal Research and Analysis
- AbbreviationIJLRA
- ISSN2582-6433
- AccessOpen Access
- LicenseCC 4.0
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