Which issue did the Supreme Court address in Gurbaksh Singh Sibbia v. State of Punjab (1980), under the…
The Constitution Bench interpreted former section 438. It concerns a direction that a person apprehending arrest on an accusation of a non-bailable offence be released on…
Choose your answer
Which issue did the Supreme Court address in Gurbaksh Singh Sibbia v. State of Punjab (1980), under the former Code of Criminal Procedure, 1973?
Answer and explanation
Correct answer B
The Constitution Bench interpreted former section 438. It concerns a direction that a person apprehending arrest on an accusation of a non-bailable offence be released on bail if arrested.
Option feedback
Option A
Ordinary bail after arrest is distinct from a direction for release if an anticipated arrest takes place.
Option B
The Constitution Bench interpreted section 438, which permits a direction for release on bail in the event of arrest.
Option C
The Court addressed the grant of anticipatory bail as the central issue. Cancellation of bail is a separate issue.
Option D
Default bail concerns detention during investigation and the statutory period under section 167(2).
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