Supreme Court Extends Anticipatory Bail to GST and Customs Cases

The Supreme Court ruled that anticipatory bail applies to the Goods and Services Tax (GST) Act and customs law, allowing individuals to seek bail before an FIR is filed. This decision resolves challenges against the penal provisions of these Acts in relation to the Code of Criminal Procedure and the Constitution.

In a landmark ruling, the Supreme Court has declared that anticipatory bail provisions are applicable under the Goods and Services Tax (GST) and customs laws, enabling individuals to seek pre-arrest bail even without a registered FIR. This verdict, delivered by a bench led by Chief Justice Sanjiv Khanna, is seen as a significant expansion of legal protections for those potentially facing charges.

The ruling was issued after deliberating a batch of pleas that questioned the alignment of penal provisions in the Customs Act and the GST Act with the Code of Criminal Procedure and constitutional guidelines. Chief Justice Khanna emphasized that anticipatory bail provisions enshrined in the CrPC and its successor, the Bharatiya Nagarik Suraksha Sanhita, should extend to cases involving GST and customs laws.

The verdict follows a petition filed by Radhika Agarwal in 2018. With the detailed judgment still awaited, legal experts suggest this ruling marks a critical shift in how protective measures like anticipatory bail can be applied in financial offenses.

(With inputs from agencies.)