Showing posts with label Criminal law. Show all posts
Showing posts with label Criminal law. Show all posts

Saturday, 25 July 2015

BAIL and BAIL in bailable offences


Meaning:

Bail means to release a person from:

- custody or,
-prison or,
-detention or,
- some kind of restraint 

and deliver the person in the hands of sureties( who binds himself) for the duty to to appear whenever asked or required by the court or police or judicial matter.


In simple words, it is actually a release from police custody or prison or any other judicial custody.


Kinds of offences:

Offences are majorly classified into :

1. Bailable offences
2. Non-Bailable offences.



BAIL in the case of BAILABLE OFFENCES

Person held as accused is allowed to be bailed when he or anybody on his part furnishes satisfactory sureties ( monetary or personal bond) for his appearance in the court whenever required.

BAIL is granted as a matter of right( not to be dinied on the ground of nationality), either by the police officer in charge of the police station or the court.
BAIL IS SAID TO BE A CONSTITUTIONAL RIGHT.


In what cases bail is not granted:

The following are the major reasons on which the court may have a discretion of not granting the bail:
1. Absconding ( escape to  avoid arrest)
2. Non cooperation with police during investigation
3. intimidating witness (frightening or terrorize ) 
4. tampering with the evidence.

Meaning of PERSONAL BOND : it is a written promise signed that the accused will appear before court on the scheduled time and date as ordered by the Court of Law.



Tuesday, 18 November 2014

AMENDMENTS IN THE INDIAN PENAL CODE

1. SECTION 326 A: ACID ATTACK

   Punishment: Imprisonment not less than TEN YEARS which may be extended to imprisonment for life AND with FINE which shall be just and reasonable to meet the medical expenses which shall be paid to victim.


2. SECTION 326 B: ATTEMPT TO ACID ATTACK

Punishment: Imprisonment not less than FIVE YEARS but which may extend to SEVEN years AND shall also be liable for FINE.


3. SECTION 354 A: SEXUAL HARASSMENT

Punishment:

 Rigorous imprisonment up to THREE years, OR with FINE , OR with both in case of offence described in Clause (i) and (ii)

Imprisonment up to ONE year OR with FINE , or with BOTH in other cases.

PROVISIONS: It protects only women. (i) Physical contact and advances involving unwelcome and explicit sexual overtures; or
(ii) a demand or request for sexual favors; or
(iii) Making sexually coloured remarks; or
(iv) forcibly showing pornography.








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