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Byju's Answer
Standard IX
Civics
Right Against Exploitation
Given below a...
Question

Given below are Legal Principles followed by a Factual Situation. Apply the principles followed by a factual Situation. Apply the principle to it and select the most appropriate answer for question among the four choices given.
PRINCIPLE: Anticipatory bail could be granted to any person who apprehends arrest for a non-bailable offence.
FACTS: Z publishes a defamatory statement against a state minister in a local daily. Police registers a case of defamation, a bailable offence against Z. He files an application in Supreme Court asking for anticipatory bail.

A
His application shall be rejected by Supreme Court for want of jurisdiction.
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B
His application shall be rejected due to limited circulation of the newspaper
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C
His application shall be entertained by the court as it involves the denial of personal liberty of Z.
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D
His application shall be returned as non-maintainable.
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Solution

The correct option is D His application shall be returned as non-maintainable.
Criminal defamation is defined under section 499 of IPC. Section 500 of IPC declares that the crime of criminal defamation is a bailable offence.
whereas anticipatory bail under Section 438 of CrPC can be given only to a person who apprehends arrest for a non-bailable offence. Therefore, since defamation is not a non- bailable offence. Therefore, the application of Z must be returned as non-maintainable.

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Q. Given below are a legal principle and a factual situation. Apply the given legal principle to the factual situation and select the most appropriate answer to the question given below:

Principle: Anticipatory bail could be granted to any person who apprehends arrest for a non-bailable offence.

Facts: Z publishes a defamatory statement against a state minister in a local daily. Police registers a case of defamation, a bailable offence against Z. He files an application in Supreme Court seeking an anticipatory bail.

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