Last Updated on June 21, 2024 by Satish Mishra
In India, Criminal law is governed be Indian Penal Code (IPC) , Criminal Procedure Code (CrPC) & Indian Evidence Act (IEA).
IPC – states different types of sections/offences under which a person can be booked.
CrPC- talks about procedure of how a criminal trial is to be conducted in court.
IEA- states how evidence is to be lead, read and deduce in the court of law.
On top of it, Constitution of India is supreme and above all. Nothing can be in violation of fundamental principles and rights.
Also Read-IN WHAT CASES BAIL CAN BE CANCELLED?
Bail is applicable only in Criminal cases and not in Civil cases unless the orders are not being implemented of a civil case. For e.g Execution of consumer courts order, bailable/non-bailable warrants can be issued.
Civil case example- suit for declaration, property, injunction, tenant-landlord, recovery , specific relief etc.
Criminal case example – Rape, murder, kidnapping, threatening, molestation, trespass etc.
Also Read- BAIL, ANTICIPATORY BAIL, REGULAR BAIL, INTERIM BAIL IN CHANDIGARH
Now that we are clear that Bail applies in a criminal cases, lets move on to the next concept of bailable and non-bailable offences.
Bailable offences – Where bail is automatically given on registration of FIR from police station. Strictly, no arrests to be made by police .
Also Read- ALL ABOUT GETTING BAIL IN NDPS CASES
Non Bailable offences- Where immediate arrests to be done by police on registration of FIR unless you apply for Anticipatory bail from District & Sessions Or JMIC or High Court whatever the case may be.
List of Bailable Sections – 140, 144, 154, 158, 166A, 167, 177, 181, 186, 189, 191, 195A, 203, 210, 223, 213, 228, 264, 269, 272, 274, 275, 279, 304A, 309, 318, 323, 349, 354D, 363, 417, 426, 447, 465, 477A, 489C, 494, 496, 498, 500, 506,509, 510.
List of Non-Bailable Sections- 121, 124A, 131, 172, 232, 238, 246, 255, 274, 295A, 302, 304, 304B, 306, 307, 308, 369, 370, 376, 376D, 377, 379, 384, 392, 395, 406, 411, 420, 489A, 498A
Also Read- TIMELINE OF BAIL WHEN CHALLANS DON’T GET FILED
Also know about cognizable offences and non-cognizable offences.
Cognizable – where police on its own can take action.
Non-cognizable – where permission is to be taken from court before proceeding with the investigation.
Rule- Bailable offences are non-cognizable and non-bailable offences are cognizable.
Now that we are clear with concept of bail, let us understand the procedure for non-bailable offences since for bailable offences automatic bail is given:
Also Read- ANTICIPATORY BAIL FROM HIGH COURT
1 Apply for Anticipatory Bail in Sessions Court or District Courts at Chandigarh Panchkula Mohali Kharar Derabassi and cite reasons why Bail is appropriate at this stage. Don’t think to argue the entire case on merits now.
2 Once the Bail application is filed, notice is given to state and complainant of FIR for rebuttal.
3 Only after Notice , arguments are heard.
4 Then the judgment is reserved.
5 Apply for the certified copies of the judgment there and then.
6 If refused, file it before the next Appellate Authority.
Also Read- APPLY FOR BAIL BUT WHEN AND HOW?
Here what most people ignore is the arranging of surety for the requisite amount fixed by court along with identifier.
People usually have this misconception that bail Lawyer/advocate will arrange for the surety and identifier which is wholly incorrect and hence many a times people feel jilted.
It is the job of accused to arrange for surety and identifier not bail advocate/lawyer.
Also Read- HOW TO GET BAIL IN INDIA
Now courts are very strict about people who give surety as they have to disclose whether they have stood surety before or not. The entire record is being computerised after the latest Instructions of Punjab and Haryana High Court. So you can’t just get away with this. Disclose it before or else you can be Chargesheeted for giving false info the court.
Also Read- ANTICIPATORY BAIL BASICS
One must be fair and transparent before coming to the court or else court can come heavy on those who conceal information from it or else it would lead to impact on the merits of the case.
That’s why I say, seek expert free legal advice on criminal matters from best/top/expert criminal advocate/lawyer in Chandigarh/Panchkula/Mohali who could assist you in your criminal trial.
Criminal offences are severe and state run cases and it is the duty of police to book the culprits who take law in their hands but at the same time police has the duty to protect innocent. But not always we can expect fairness from them while dealing with such matters and that is why you must seek legal opinion or legal counselling from a criminal expert advocate.
Time is the key in criminal cases. The minute you anticipate arrest under any of the cognisable offences as listed in IPC you must apply for Anticipatory Bail, blanket bail or pre-arrest bail.
Also Read- APPREHENSION OF ARREST: GET AN ANTICIPATORY BAIL.
Even one day spent inside the jail could change your life forever from inside and outside how you view life. So think again before procrastinating on it.
Rest be aware and be strong. Don’t fear law rather get empowered with law.
This post is written by Advocate Satish Mishra. Dial 99888-17966 for more info on the subject.
