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The Supreme Court of India can and has from time to time made certain bailable offences, non-bailable or vice-a-versa by special directions, to curb increasing menace of certain crimes in the society. [8] The State Government has the power to make certain offences bailable or non-bailable in their respective States. [9]
The Code of Criminal Procedure, 1973 does not define bail, although the terms bailable offence and non-bailable offence have been defined in section 2(a) of the Code. A Bailable offence is defined as an offence which is shown as bailable in the First Schedule of the Code or which is made bailable by any other law, and non-bailable offence means ...
The Section 154 in the Code of Criminal Procedure, 1973, of India states: . Every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, and be read over to the informant; and every such information, whether given in writing or reduced to writing as aforesaid, shall ...
This provision allows a person to seek bail in anticipation of an arrest on accusation of having committed a non-bailable offence. [2] On filing anticipatory bail, the opposing party is notified about the bail application and the opposition can then contest the bail application in court (public prosecutor can also be used to do this).
According to Indian law, no formality is needed during the procedure of arrest. [5] The arrest can be made by a citizen, a police officer or a Magistrate. The police officer needs to inform the person being arrested the full particulars of the person's offence and that they are entitled to be released on bail if the offence fits the criteria ...
Criminal procedure is the adjudication process of the criminal law.While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail or incarcerated, and results in the conviction or acquittal of the defendant.
Consolidating and simplifying the law: The BNSS consolidates and simplifies the law by repealing and amending a number of provisions of the CrPC. [ 14 ] Strengthening the rights of the accused : The BNSS strengthens the rights of the accused by providing for safeguards, such as the right to a lawyer of choice during interrogation, though not ...
In 1966, Congress enacted the Bail Reform Act, which expanded the bail rights of federal criminal defendants by giving non-capital defendants a statutory right to be released pending trial, on their personal recognizance or on personal bond, unless a judicial officer determined that such incentives would not adequately assure the defendant's appearance at trial.