Legalfundaa

Objective In this post we will try to answer below questions: What is the meaning of Bail ? (You may already know this) Why we need a Bail? Who can grant a Bail ? (Police and Magistrate) When the Bail can be granted ? When the Bail is not granted ? What are different types of Bail? And Anticipatory Bail ? Can bail be cancelled ? Some important case laws  1.What is Bail ? Bail means release of accused or suspected person from police custody or judicial custody. As per Black's law dictionary, bail can be defined as  Procure the release of person from legal custody, by undertaking that he/she shall appear at the time and place designated and submit him/herself to the jurisdiction of the court CrPC lays down in detail tons of things about the bail. Chapter 33 deals in details about bails and bonds. CrPC doesn't define what exactly "Bail" mean. However it has definition for words like "Bailable" and "Non-Bailable" offen...

Introduction We will have an overview of different kinds of offence and what they mean. Essentially we will cover below things. Please check Schedule 1 of CrPC. There are 6 Columns. Column 4 deals with classification based on Cognizance. Column 5 deals with classification on the basis of Bail. This schedule contains the offences from Indian Penal Code. Let's delve into bit details about this classification Classification based on Cognizance Cognizance mean awareness or knowledge. Schedule 1 is important which lists almost all offences from Indian Penal Code. It states which all offences are cognizable and which all offences are non-cognizable. But what is That? Cognizable Offenses Section 2(c) defines what is Cognizable offenses. It mean an offenses which Police have a power to arrest an accused without warrant. Police on his own can arrest an accused. Also they can start an investigation as per Section 156. Worried that police can arrest you?  They can but ther...

Chapter 6 of CrPC deals compelling person to attend hearing or presence in a court. There are four methods by which court can achieve attendance of a person. This person could be anyone. Person could be accused. Person could be defense witness, prosecution witness or court witness or expert. Below are four methods by which court can compel person to attend a court. In this blog we will discuss the first one. i.e Summons.  Summons are discussed in CrPC from section 60 to 69. Section 61 described the form of the summon.  Summons are addressed to individual. This is important and differentiating factor with warrant. Warrants are addressed to Police officer whereas Summons are addressed to particular Individual whose attendance court seeks. Below are some of the aspect of valid summon. Next how this summons should be served. Summons are served by Police Officer or any other officer. Summons should be served in person, it should be delivered to person to whom it...

This is one super super landmark case. It had been observed by courts the power of arrest was abused more often than not by police and government and political parties in power. It's still being abused! Below are the guidelines The police personnel carrying out the arrest and handling the interrogation of the arrestee should bear accurate, visible and clear identification and name tags with their designations That the police officer carrying out the arrest shall prepare a memo of arrest at the time of arrest and such memo shall be attested by at least one witness, who may be either a member of the family of the arrestee or a respectable person of the locality from where the arrest is made. It shall al so be counter signed by the arrestee and shall contain the time and date of arrest.   A person who has been arrested or detained and is being held in custody in a police station or interrogation centre or oth...

Introduction In Previous article , we have discussed some provisions related to arrest. Section 41 to 60 largely deals with the arrest. One of the MOST important aspect of these provisions are rights of arrested person. Many times government or police abuses the power of arrest. Take below picture for example. See how government can abuse the power of arrest. Why do you think person who may have committed an offense need right? Because in the beginning we are not sure whether that person only had committed a crime. Below are some of the reason why arrested person should have a right. Rights of Arrested Person CrPC along with Constitution have various safeguards for rights of an arrested person. Article 22 of constitution describes various rights of arrested person.These includes the person must be informed about the grounds on which he is arrested. Person have a right to undergo judicial scrutiny withing 24 hours of arrest. Arrested person also consult leg...

Objective This post will cover below things What is Arrest ? Why to Arrest ? Who Can Arrest ? When arrest can be made without warrant? Procedure of Arrest : Can police use force ? What next After Arrest ? Rights of Arrested Person DK Basu Case and it's relevance Control Rooms  What happens when arrest is unlawful or provisions not followed ? What is Arrest To put it in simplest form, it mean taking away a liberty of a person lawfully. It's physical restraint or confining a person. When liberty of person is taken completely then we may call that person is under arrest. Why to Arrest Again, for simple reason that justice must be served when someone commits an offense and hence the person who may have committed an offence needs to arrested. Below are some of the objectives given in Kelkar's for arrest For producing accused in court in trial For preventive further crime by accused For obtaining correction information about accused such as name and tr...