Reviewed case brief
Gurbaksh Singh Sibbia v. State of Punjab
AIR 1980 SC 1632
The Constitution Bench decision defining the scope and nature of anticipatory bail, holding it can be granted without time limit and without condition of surrender.
- Court
- Supreme Court of India
- Year
- 1980
- Subjects
- Bharatiya Nagarik Suraksha Sanhita
- Reviewed
- 2026-06-29
Rule established
Anticipatory bail under S.438 CrPC (now S.482 BNSS) can be granted without time limit. Courts should not impose condition of surrender; that would negate the purpose of anticipatory bail.
Facts
Issues
Held
Ratio decidendi
How to use it in an exam
Editorial source
AIR
Educational summary only. Read the reported judgment or an authorised law report before relying on the case professionally.