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Criminal Law
March 15, 20265 min read

Understanding New Guidelines on Anticipatory Bail 2026

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Written By

Advait Legal Chambers

The landscape of criminal jurisprudence in India is witnessing a significant shift with the latest directives from the Hon'ble Supreme Court regarding Section 438 of the CrPC.

The Duration of Protection

The court has now clarified that protection granted under Section 438 should not normally be limited to a fixed period; it should continue till the end of the trial.

"Life and liberty are fundamental. The restriction on anticipatory bail must be based on concrete evidence."