Provision as to bail
Section 12 of the Anti-Hijacking Act, 2016 deals with provision as to bail. Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), no person accused of an offence punishable under this Act shall, if in custody, be released on bail or on his own bond, unless,–– (a) the Public Prosecutor has been given an opportunity to oppose the application The Act came into force on 05 Jul 2017.
(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), no person accused of an offence punishable under this Act shall, if in custody, be released on bail or on his own bond, unless,––
(a) the Public Prosecutor has been given an opportunity to oppose the application for such release; and
(b) where Public Prosecutor opposes the application, the Designated Court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail.
(2) The limitations on granting of bail as specified in sub-section (1) are in addition to the limitation under the Code of Criminal Procedure, 1973 (2 of 1974), or any other law for the time being in force, on granting bail.
(3) Nothing contained in this section shall be deemed to affect the special powers of the High Court regarding bail under section 439 of the Code of Criminal Procedure, 1973 (2 of 1974).
Section 12, The Anti-Hijacking Act, 2016 (Act 30 of 2016).
Questions about Section 12
What does Section 12 of the Anti-Hijacking Act deal with?
Section 12 of the Anti-Hijacking Act is headed "Provision as to bail". Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), no person accused of an offence punishable under this Act shall, if in custody, be released on bail or on his own bond, unless,–– (a) the Public Prosecutor has been given an opportunity to oppose the application
How do I find court cases under Section 12 of the Anti-Hijacking Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Anti Hijacking Act 2016 12, section 12 Anti Hijacking Act 2016, section 12 of the Anti-Hijacking Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
When did Section 12 of the Anti-Hijacking Act come into force?
Section 12 of the Anti-Hijacking Act, cited as Anti Hijacking Act 2016 12, came into force on 05 Jul 2017, having been enacted on 13 May 2016. It is in force as at the date shown on this page.
Other sections of this Act
- 3. Hijacking442 words
- 2. Definitions440 words
- 9. Offences triable by Designated Court336 words
- 18. Powers of investigating officers to seize or attach property239 words
- 7. Jurisdiction218 words
- 11. Provisions as to extradition200 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 17 Oct 2026. This page is not a substitute for legal advice.