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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 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 ...
According to the Section 11 of the Criminal Procedure Code, 1973 (CrPc), a Court of Judicial Magistrate of First Class may be established by the State Government in consultation with the High Court of the respective state at such places in the district and in any number by a notification. [1]
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).
Section 295A is a cognisable, non-bailable, and non-compoundable offence. [3] Legal experts consider Section 295A a controversial provision. They believe that there are good legal arguments for the court to revisit and consider overruling the constitution bench judgement in Ramji Lal Modi v. State of UP. [3]
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 bench observed that the Section 498A had become a powerful weapon for disgruntled wives, where innocent people were arrested without any evidence due to non-bailable and cognizable nature of the law. [6] [13] The Supreme Court said that the anti dowry law (Section 498A) is being used by some women to harass their husband and in-laws. The ...
Section 3 of the Act lists offences shattering the self-respect and esteem of the scheduled communities, denial of economic, democratic and social rights, discrimination, exploitation and abuse of the legal process, etc. [22] It contains: Offences in their own right (Section 3(1) contains 30 subsections with an equal number of offences.