Law · Bharatiya Nagarik Suraksha Sanhita, 2023
Which of the following statements accurately reflects the differences between Section 438 of Cr.PC and Section 482 of BNSS regarding anticipatory bail?
- 1Section 438 of Cr.PC requires the Court to consider the nature and gravity of the accusation, while Section 482 of BNSS does not mandate these considerations.
- 2Section 482 of BNSS explicitly requires that any interim order for anticipatory bail be served with a notice period of not less than seven days, whereas Section 438 of Cr.PC does not specify such a requirement.
- 3Section 438 of Cr.PC includes provisions that require the presence of the applicant at the time of the final hearing of the anticipatory bail application if deemed necessary by the Court, while Section 482 of BNSS does not include such a requirement.✓
- 4Section 438 of Cr.PC allows for the grant of anticipatory bail by the Court based on the applicant's reason to believe arrest may occur, without considering specific factors, while Section 482 of BNSS requires detailed considerations before granting anticipatory bail.
Correct answer
Section 438 of Cr.PC includes provisions that require the presence of the applicant at the time of the final hearing of the anticipatory bail application if deemed necessary by the Court, while Section 482 of BNSS does not include such a requirement.
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