The reason for this is, because the nature of offence is so grave and criminal, that the Accused cannot be allowed to go scot-free. However, the accused can apply to the court to have this amount reduced at any time. The surety is also known as the bailor. On the other hand, the police or the court has the discretion to decide whether to release an accused on bail or personal bond if he has been accused of committing a non-bailable offence. The information provided on LawRato. Mere hunch or fear is not enough.
In all such cases, the Police have to take permission from a magistrate for registration of a criminal case. The Accused shall give his presence before police officer every time, he is required to do so. The 9th bail application was filed and then allowed. What are the Restrictions Imposed on an Accused Released on Bail or Personal Bond? After above discussion we can say that this distinction between Bailable and Non Bailable Offense is the creation of law. The overall administration of police in the entire state is done by Director General of Police. After receiving the application, the court may issue a warrant of arrest to direct that the accused attend court. Bailable offences are regarded as less grave and less serious.
If the investigation is not done within 24 hours, the arrested person must be bought before the court and if required, the police must make a case to extend the detention. Provisions for Bail can be categorized by the type of offence committed i. In finer terms, offence entails any act, which is punishable in nature and against which a complaint is registered, with the appropriate authority, i. It includes crimes like forgery, assault, cheating, defamation, public nuisance, hurt, mischief etc. If he fails to do so, he will be committed to custody.
A police officer or the court may also release a person from custody if he feels that there are any special reasons. In general, a bailable offence is an offence of relatively less severity and for which the accused has a right to be released on bail. Section 438 - When any person has reason to believe that he may be arrested on an accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Sessions for a direction under this section, and that Court may, if it thinks fit, direct that in the event of such arrest, he shall be released on bail. In the case triable by Magistrate, if the trial of a person accused with a non-bailable offence is not concluded within a period of sixty days, such person will be released on bail. If the amount forfeited cannot be repaid in full even after such seizure and sale, the accused can be jailed up to 12 months. Section 436 A allows a person to be released on his own surety if he has already spent half the maximum sentence provided for the alleged crime in jail.
Some other offences are classified as bailable by other laws. Examples of other acts which defines offences are Wildlife Protection Act, Prevention of Corruption Act, Narcotic Drugs and Psychotropic Substances Act, Environmental Protection Act. In non-bailable offences, the Courts use their discretionary power, and depending upon the circumstances of the case they use to grant the bail. Bail for Non-Bailable offences - When a person is detained for a non-bailable offence, he cannot demand to be released on bail as a matter of right. There have to be two sureties for the bail, or if the officer considers the person to be an indigent person the accused may be released on a personal guaranty.
The legal meaning and whether an act will constitute a criminal offence or not is provided in the I. Generally imprisonment less than 3 years or fine or both. So,We can also complain about non cognizable offence directly to the Judicial Magistrate. Section 437 of the Code of Criminal Procedure provides the provisions for bail in non-bailable offences. A person may also be let off on his own bond.
For example, accused persons who were released on personal bond will have their entire bond amount forfeited as it was solely put up by themselves. The procedure is essentially the same as that for the forfeiture of the bond amount for sureties, except the accused is the one being held accountable in this case. However, the delay shall not be by the accused. However, this power is not totally without any restraint. Person arrested informed that he can get bail and arrange sureties on this behalf. The right to bail cannot be nullified by imposing a very high amount for bail.
Offences can be classified in three ways: i bailable or non-bailable; ii cognizable or non-cognizable; and iii compoundable or non- compoundable. For non-cognizable Offences, a Police Officer cannot take cognizance without permission or order from the Magistrate. As per the last item of the , an offence in order to be bailable would have to be an offence which is punishable with imprisonment for less than three years or with fine only. The High Court or the Court of Sessions shall, before granting bail to a person who is accused of an offence which is triable exclusively by the Court of Sessions or which, though not so triable, is punishable with imprisonment for life, give notice of the application for bail to the Public Prosecutor unless it is, for reasons to be recorded in writing, of opinion that it is not practicable to give such notice. The order may also include conditions such as the person shall make himself available for interrogation by a police officer whenever required, the person shall not leave India, the person shall not make any inducement, threat, or promise to any person acquainted with the facts of the case, or any other condition that the court may think fit.