Supreme Court Expands Scope of Transit Anticipatory Bail, Upholds Right to Access Justice Across State Borders

On November 20, 2023: In a landmark decision that reinforces the principles of personal liberty and access to justice, the Supreme Court of India has set a new precedent by allowing the grant of transit anticipatory bail for offenses registered outside the territorial jurisdiction of a High Court or a Court of Session, under specified conditions. The judgment delivered by Justices B.V. Nagarathna and Ujjal Bhuyan in the case of Priya Indoria vs. State of Karnataka and Others, has significantly expanded the interpretation of Section 438 of the Code of Criminal Procedure, 1973.

The Court’s decision revolves around the principle that “protecting personal liberty and ensuring access to justice” are paramount, especially in cases where an individual apprehends arrest across state borders. In their judgment, the bench emphasized the necessity of balancing the administration of justice with the fundamental rights of individuals, particularly in matrimonial cases alleging cruelty and domestic violence.

The ruling came in the backdrop of a case involving a complaint by a wife against her husband and in-laws, with FIRs lodged in multiple states. The Court observed that the jurisdictional scope in matrimonial offenses needs to be flexible enough to consider the place where the aggrieved wife takes shelter after leaving the matrimonial home.

The Supreme Court laid down specific conditions under which limited transit anticipatory bail can be granted. These include the necessity to issue notice to the investigating officer and the public prosecutor from the jurisdiction where the FIR is registered. Additionally, the applicant must record reasons for apprehending an inter-state arrest and must prove their inability to approach the court where the FIR is lodged immediately.

The judgment clarifies that while full-fledged anticipatory bail cannot be sought in a state different from where the FIR is registered, limited or transit anticipatory bail can be considered. This interim protection is to be granted for a limited duration, allowing the accused to approach the competent court for a regular anticipatory bail.

In setting aside the anticipatory bail granted by the Additional City Civil and Sessions Judge Bengaluru City, the Supreme Court directed that no coercive steps should be taken against the accused for four weeks, enabling them to approach the competent court in Chirawa, Rajasthan.

This judgment is expected to have far-reaching implications, especially in enhancing the accessibility of justice and safeguarding the constitutional right to personal liberty across the diverse geographical and legal landscape of India.                                       

Date of Decision: 20th November 2023

PRIYA INDORIA VS STATE OF KARNATAKA AND ORS. ETC.