Anticipatory bail for stalking offence under Section 354-D IPC

[Anonymous]

I have been false accused of an offence of stalking under Section 354-D of IPC. The complaint was filed by my ex-girl-friend to harass me. The police has not arrested me so far. Can I apply for anticipatory bail in this case. Is it advisable since i am working in a company and if I am arrested it may affect my job?

[Dr. Ashok Dhamija]

Under the provisions of Section 438 of the Criminal Procedure Code (Cr.P.C.), anticipatory bail can be granted only in respect of a non-bailable offence.

On the other hand, the offence of stalking under Section 354-D of IPC is a bailable offence.

Therefore, it is not possible to get anticipatory bail in a case under Section 354-D IPC.

However, since this offence is a bailable offence, getting bail in this case is a matter of right under Section 436 of the Cr.P.C. Therefore, it is as good as getting an anticipatory bail since you get the right to be released on bail on being arrested for this offence. This is what would have happened also in the case where one gets anticipatory bail.     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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