5 differences between Bail and Anticipatory Bail may briefly be stated as follows:—
(1) Provisions relating to bail are contained in Sections 436 and 437, Cr. P.C. whereas Section 438 deals with anticipatory bail.
ADVERTISEMENTS:
(2) The provisions relating to bail were contained in the old Code of Criminal Procedure, 1898 also but there was no provision for grant of anticipatory bail in the old Cr. P. C. Therefore it is relatively a new concept incorporated in the Code of Criminal Procedure, 1973.
(3) 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.
(4) Bail is a post arrest legal process, that is, it is granted only after arrest of the person whereas anticipatory bail is a pre-arrest legal process in anticipation of possibility of arrest of a person.
(5) Bail is ordinarily granted as a matter of right in case of bailable offence and it may also be granted in non-bailable offences under Section 437, Cr. P. C. but power to grant anticipatory bail is of an extra-ordinary character which is to be used by the Court sparingly.
