What is transit anticipatory bail and why is it dangerous?

Vilasini Balasubramanian explains the jurisprudence and pitfalls of transit anticipatory bail, in light of court judgments.
What is transit anticipatory bail and why is it dangerous?
Published on

TRANSIT anticipatory bail for a limited period raises significant concerns, at the cost of upholding the liberty of a person accused of serious and heinous crimes.

A fundamental question that arises: to what extent is there misuse by individuals evading arrest in a democracy such as India, where the National Crime Records Bureau Report clocked a total of 58,24,946 cognisable crimes comprising 3,561,379 Indian Penal Code (IPC) crimes and 2,263,567 special and local laws crimes in 2021? Did the judgment account for rules of criminal jurisprudence regarding territoriality?

In an elaborately described illustration, the judgment in the case of Priya Indoria, contemplates a situation where a person is assaulted with an iron rod in Goa and the assailant thereafter travels to Odisha for work.

The family of the injured lodges a first information report (FIR) at Bicholim Police Station against the assailant who is now in Odisha. With full knowledge of the fact that he has assaulted the injured in Goa, he approaches the sessions court in Odisha as he is apprehending arrest.

The judgment in the case of Priya Indoria, contemplates a situation where a person is assaulted with an iron rod in Goa and the assailant thereafter travels to Odisha for work.
Loading content, please wait...
The Leaflet
theleaflet.in