Among the fundamental rights guaranteed by the Indian Constitution, the right to liberty holds a place of paramount importance. The writ of habeas corpus—literally meaning “you may have the body”—is one of the most significant legal remedies available to protect an individual’s personal liberty against…
Anticipatory bail, as provided under Section 438 of the Code of Criminal Procedure (CrPC), serves as a pre-arrest legal remedy for individuals apprehending arrest for non-bailable offences. While this provision safeguards personal liberty, the Supreme Court of India has underscored that its application should be…