Topic: Mechanisms, laws, institutions and Bodies constituted for the protection and betterment of these vulnerable sections.
Q4. Anticipatory bail ensures protection of innocent citizens but must not become a shield for offenders. Discuss. (10 M)
Difficulty Level: Medium
Reference: TH
Why the question
A Mangaluru court has granted anticipatory bail to a political worker, a director of a cooperative society, from Bantwal taluk, who is accused of sexually harassing a minor girl belonging to Scheduled Caste.Key demand of the question
The question requires an analysis of how anticipatory bail protects the innocent from arbitrary arrest, while also assessing concerns over its misuse by habitual offenders, along with practical suggestions to address these issues.Structure of the answer:
Introduction
Briefly mention anticipatory bail as a preventive legal provision to uphold personal liberty and ensure fair investigation.Body
- Anticipatory bail ensures protection of innocent citizens: Mention its role in safeguarding liberty, preventing misuse of process, and ensuring fair investigation.
- Being used as shield for offenders: Indicate misuse risks like habitual offenders evading justice, intimidation of victims, and erosion of public trust.
- Way forward: Suggest the need for strict judicial scrutiny, legislative clarity, victim-centric reforms, and judicial capacity-building.
Conclusion
Conclude with a balanced line on maintaining equilibrium between protecting rights and preventing misuse for ensuring justice.
