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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]
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 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).
In the Nigerian Criminal Code, the same offence is covered by article 419, which has now lent its name to the advance fee fraud. [6] The title of two popular Hindi films – Chachi 420 (in English: Trickster Aunt, a 1997 remake of Mrs. Doubtfire) and Shri 420 (in English: Mr. 420, a 1955 film) – are direct references to Section 420 of the IPC.
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 ...
Indian Legal system has been on that has gone through a lot of changes through time. This is due to political as well as social situation and standing of the country.
Offences against property: The BNS retains the provisions of the IPC on theft, robbery, burglary and cheating. It adds new offences such as cybercrime and financial fraud. Offences against the state: The BNS removes sedition as an offence. Instead, there is a new offence for acts endangering India's sovereignty, unity and integrity.