The anticipatory bail provisions under Section 438 of the Criminal Procedure Code (CrPC) have faced increasing scrutiny and perceived dilution due to recent statutory changes and judicial trends. While the core provision remains intact, several special laws such as the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Protection of Children from Sexual Offences (POCSO) Act, and Unlawful Activities (Prevention) Act (UAPA) have placed restrictions or outright bars on the grant of anticipatory bail, citing the need to protect vulnerable sections and ensure effective prosecution.

Furthermore, courts have occasionally interpreted these special statutes in ways that limit the discretionary power to grant anticipatory bail. This trend raises concerns about the erosion of the fundamental right to personal liberty and protection against arbitrary arrest. While public interest and victim protection are crucial, a blanket denial of anticipatory bail without case-specific evaluation risks undermining the balance between individual rights and societal interests, placing the spirit of Section 438 under strain.

Yes, anticipatory bail provisions are increasingly under threat due to recent statutory changes like the **Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023**, and state-level laws that restrict its availability for serious offences such as those under **POCSO, NDPS, UAPA**, and **economic crimes**. These reforms limit judicial discretion and curtail the scope of pre-arrest protection, raising concerns about the erosion of **personal liberty** and the **right to legal remedy** in grave criminal matters.