23 April 2018 11:06AM
The term ‘Offence’ is defined under Section 2(n) of the Code of Criminal Procedure (CrPC) as an act or an omission to act which is punishable under any law in force at the time of the commission or omission of the act. An act or omission that violates the rights of other or bring harm to society and people that is punishable by law is an offence within the definition in Section 2(n). Moreover, any offence committed outside the territory of India is also considered as an offence if it would have been committed within the territory of India.
Definition of Bail
Bail is the method by which an accused who is in custody of law officers, like the police, is released. It is a tool which enables the accused to enjoy his personal freedom but also be present in court whenever needed. Bail is a written agreement between the accused and the court that the accused shall abide by the bail conditions set out by the court and appear before it whenever called and also cooperate in the investigation of the case. In exchange for his freedom, the accused deposits some amount of money or property as a security that he or she will not violate the bail terms.
As a general rule, bail should be granted in all bailable cases except if the court feels that the accused, if released on bail, will abscond and flee from justice; or go on to commit more offences; or intimidate or threaten witnesses; or generally disrupt the court of justice. In deciding so, the court takes into the account the seriousness of the offence committed. In addition to this, the court also looks at the severity of the punishment attached to the crime. The court also looks at past criminal conduct of the accused and check if his conduct suggests that the accused may likely commit a crime again if released on bail.
Bail is a part of the machinery of public justice. A person who is out of jail on bail has a better opportunity to defend himself and make his case stronger than one who is in custody. The idea is that no one should be forcefully kept in custody when such a person is ready to comply with the terms of bail. Moreover, a lot of public expenses are used up when someone is kept in custody.
What is a Bailable Offence?
Section 2(a) of the Code of Criminal Procedure says that a bailable offence is one that is listed as a bailable offence in the First Schedule of the CrPC or an offence that has been made bailable by an existing law.
In a bailable offence, bail is a matter of right and cannot be denied to the accused. The officer in charge of the police station or the court is mandated to release a person on bail if he applies for it. Section 436 of the Code of Criminal Procedure allows for an accused to be released on bail at any time if he has been detained by the police without a warrant or at any stage of court proceedings.
Bail in bailable offences is given either by the court or by the police officer under whose custody the accused is. Bail is given when the accused executes a bail bond. The bail bond can include the terms of granting bail like: the accused cannot leave the country without seeking permission from the court or the police officer; the accused has to make himself present before the police or the court whenever asked for; or that the accused will not tamper or disrupt the evidence. This bail can be cancelled at any time by the court if any of the conditions of the bail bond are violated.
Section 436 of the Code of Criminal Procedure governs bails for offences that are bailable. Accordingly, bail is a right of the accused and he is bound to be released if he applies for it given that he or she agrees and abides by the bail conditions. Another instance where a person can be released on bail is if the investigation cannot be completed in the given number of days. When a person is arrested by the police and it seems that the police cannot complete the investigation within 24 hours, then they must hand over the accused into judicial custody. The magistrate may then, if he or she thinks fit, send the accused to police custody for not more than 15 days. In such cases, the accused can apply for bail even when his/her previous bail petition has not been decided yet. Moreover, a bail under Section 436 is also applicable when no grounds can be established to hold the accused guilty of non bailable offences. However, bail cannot be granted to a person who is a habitual offender or someone who has previously been convicted of serious offences punishable with life imprisonment, death or imprisonment term of more than 7 years or someone who has previously been convicted of two or more occasions of non bailable and cognizable offences.
Bailable offences are usually offences that are not of very serious nature and that carry a prison term of less than 3 years like bribery, participating in an unlawful assembly, preventing a public servant from carrying out his duties etc.
What is a Non Bailable Offence?
Any offence which is not listed as a bailable offence in the First Schedule of the Code of Criminal Procedure is classified as a non bailable offence.
In a non bailable offence, bail is not a right of the accused but is dependent upon the discretion of the court as per section 437 of the Code of Criminal Procedure. If a person is released for a non bailable offence, then he can be arrested again at any time by an order of the court which released him on bail in the first place or the Court of Session or the High Court. A person can approach the Magistrate Court, the Court of Session or the High Court to seek bail for non bailable offences.
The court looks at a number of factors while considering bail for a person accused of non bailable offence. These factors include:
Bail can be refused for non bailable offences under the following circumstances:
The bail application for non bailable offences is filed in the Magistrate’s court which is in charge of carrying out the trial of the accused. Usually, a bail application is dealt with promptly, being listed for hearing on the next day of filing of application. When a bail application is up for hearing, the accused has to be presented before the court accompanied by the police. The magistrate then analyses the case presented to him and passes an appropriate order by exercising his or her own good judgment.
Non bailable offences are usually ones which are of serious nature and carry a prison term of more than 3 years like dowry death (Sec. 304B, IPC), murder and attempt to murder (Sec. 302 and 307 of the IPC respectively), voluntarily causing grievous hurt
(Sec. 326, IPC), rape (Sec. 376, IPC) and Kidnapping (Sec. 363, IPC).
An accused who has been charged with non bailable offences can be released on bail under section 437 of the Code of Criminal Procedure if their case is not completed within 60 days beginning from the first date that was fixed for taking in the evidence of the case. This is applicable if the accused has been in custody for all of the 60 days. The reason behind this is that an accused should not be unfairly inconvenienced for a trial which has been unreasonably extended and gone beyond the prescribed time. A person can also be released on bail if the trial of the accused of a non bailable offence has been concluded but the judgment of the court has not yet been delivered. If the court believes that the accused is not guilty then it should release the accused on bail if the accused has been in custody provided that he or she executes a bail bond. However, sureties are not required for bail under such circumstances.
The bail bond is an amount of money that the accused as to pay before he or she is released, to the court or the police, whoever is releasing him on bail. The amount of the bail is determined by looking at the circumstances of the case and should be made unreasonably high. In this light, the High Court or the Sessions Court has the power to direct the magistrate or the police to reduce the amount of bail bond. The court or the police officer shall take into consideration the charges against the accused as well as his/ her financial status and the likelihood that the accused may abscond. When the accused has been released on bail, then a person shall also sign a bond to stand as the accused’s surety. The surety’s duty is to ensure that the accused is present before the court whenever called for. The accused also has the option of depositing cash instead of executing a bond.
27 July 2018 05 25 PM
The law for issuance of warrants has been laid down in The Code of Criminal Procedure, 1973 under Chapter VI. The warrants whether it is bailable or non-bailable should never be issued in casualties and should only be issued in cases after suitable examination of actualities and complete utilization
24 July 2018 01 13 PM
Section 2 of the Code of Criminal Procedure, 1973 defines bailable and non bailable offences. Bailable offence is an offence which is shown as bailable in the First Schedule and it is right of the accused to be released on bail on giving required security.
17 July 2018 04 50 PM
India has a poor reputation with regards to detailing of any criminal activity. A few crimes, especially against ladies, go unreported. This is for an assortment of socio-political reasons, yet some place among them is likewise a misconception of lawful rights. India, in truth, has every one of the
17 July 2018 04 20 PM
"Bail" is the arrival of a man who will now be taken to jail or who has just shown up in court, in return for a guarantee to show up in court when planned. When you've been captured the Police have a circumspection to give you bail ("Police bail") in the
17 July 2018 04 06 PM
An Anticipatory Bail comes vigorously simply after an FIR is recorded against you and not before that. So, in the event that you have an Anticipatory Bail and a cop captures you, at that point, you should create the Anticipatory Bail before him and after that, he will undoubtedly discharge you.
03 July 2018 11 15 AM
Contempt of court is any action that is performed by any person in defiance of the authority of a court of law, an action that disrespects the court, or one that hinders the court from delivering justice.
19 June 2018 01 04 PM
Definition of Offence The term ‘Offence’ is defined under Section 2(n) of the Code of Criminal Procedure (CrPC) as an act or an omission to act which is punishable under any law in force at the time of the commission or omission of the act. An act or omission that violates the rights of
29 May 2018 11 17 AM
Women safety and crimes against women have always been a serious issue in India and is always a point to worry about for the Indian citizens and foreigners who visit the country. Stalking is one such crime against women but unfortunately, it is not seen as a serious offence by the enforcement agenci
30 April 2018 02 11 PM
An offence is an act or an omission to act that can be punished under the Law of India. The Code of Criminal Procedure (the CrPC) divides offences into categories of cognizable and non- cognizable offences.
25 April 2018 02 02 PM
Fines and challans for traffic violations in Bangalore can now be paid online through the Bangalore traffic police website. This article will inform you about the various traffic violations and the penalties attached to them as well as inform you about the pay off the traffic fines and challans onli
23 April 2018 11 06 AM
The term ‘Offence’ is defined under Section 2(n) of the Code of Criminal Procedure (CrPC) as an act or an omission to act which is punishable under any law in force at the time of the commission or omission of the act. An act or omission that violates the rights of other or bring harm to
18 April 2018 05 00 PM
Compoundable offences are those offences which are enlisted in Section 320 of the Code of Criminal Procedure. These are the offences wherein the complainant agrees to enter into a compromise and drop his or her charges against the accused. This compromise needs to be of bona fide nature and should n
06 April 2018 01 07 PM
Anticipatory bail is a special type of bail which is can be sought by a person even before he is actually arrested. Anticipatory bail is governed by Section 438 of the Code of Criminal Procedure (CrPC) which states that if a person has reason to believe that he may be arrested by the police over a n
06 November 2017 04 38 PM
The same way there are two sides to every coin, there are special provisions of law originally intended to protect vulnerable classes but often get misused to manipulate and victimize others. The special protection accorded to women under the Dowry Prohibition Act, Prevention of Domestic Violence Ac
Popular Lawyers in India