All India Bar Examination (AIBE) 5-V Previous Year Question Papers with Answers

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38.

Order granting anticipatory bail becomes operative becomes operative

A: on arrest
B: on passing of the order by the court
C: prior to arrest
D: none of the above

The answer is: A

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Explanation

The correct option is A. on arrest.

Anticipatory bail is a direction by the court that in the event of arrest, a person shall be released on bail. Therefore, such order becomes operative only on arrest and not before or after that. This is the view expressed by various courts and legal experts.