Criminal Law

8
Jun

Is the homeowner really insecure and secure?

Domestic violence, or family violence, is violent, abusive or intimidating behaviour in a relationship. There are many types of domestic violence, including social, physical, sexual and emotional. If you’re being subjected to domestic violence, there are a number of organisations that can offer you help and support.

aged couple of pensioners talking with employee at office

This can help if:

  • you’re in an abusive relationship
  • you don’t know what to do about your abusive relationship
  • you don’t know where to go to get help
  • you don’t know what your rights are.

What is domestic violence?

For violence to be ‘domestic’, it doesn’t have to occur within your home, only within a relationship (with family or an intimate partner). It occurs when someone close to you has power and control over you. This control or abuse can be expressed in different ways.

Physical abuse

If someone is hurting you physically, or is threatening to hurt you, a loved one or a pet, then you will need to take action. Read more about physical abuse and learn where to get support.

Emotional abuse

Emotional abuse often goes unrecognised and can be very hurtful. Someone who is emotionally abusive towards you wants to chip away at your feelings of self-worth and independence. Read more about what constitutes emotional abuse.

Social abuse

Social domestic violence occurs when someone insults or humiliates you in front of other people, keeps you isolated from family and friends, or controls what you do and where you go.

Spiritual abuse

Spiritual domestic violence involves preventing you from having your own opinions about religion, cultural beliefs and values. It may also involve manipulating your thoughts on spirituality in order to make you feel powerless.

Where to go

Recognising that there’s a problem is the first step in getting help. The second is to know that you’re not alone. If you need to get out fast, you have a number of options.

A shelter or refuge is a place where you can seek temporary accommodation while you sort out your next steps. There are also usually other services available in refuges, including legal advice, emotional support, practical help (such as food and clothing), and good security.

You can, get in contact with a trusted family member or friend and ask if you can stay with them while you work out what to do next.

How can you keep yourself safe?

An abuser may exert control by downplaying the seriousness of what they’re doing to you. As a result, it’s easy to underestimate the amount of danger you’re in. It’s vital to protect yourself from harm if you feel that you’re being abused.

How likely is it that someone will hurt you? Sometimes it’s hard to work out the danger or risks yourself. If you’re unsure about your safety, it’s important to talk to someone. If you feel uncomfortable, you may have to move to somewhere safe.

If you feel unsafe, talk to the police. They’re there to protect you. You can also call state and territory support lines to talk about the risks you face.
Check out your legal rights at the Lawstuff website. Every state has laws designed to protect against all forms of domestic violence.

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8
Jun

Learn more about the investigation process, fight for justice

Domestic violence, or family violence, is violent, abusive or intimidating behaviour in a relationship. There are many types of domestic violence, including social, physical, sexual and emotional. If you’re being subjected to domestic violence, there are a number of organisations that can offer you help and support.

aged couple of pensioners talking with employee at office

This can help if:

  • you’re in an abusive relationship
  • you don’t know what to do about your abusive relationship
  • you don’t know where to go to get help
  • you don’t know what your rights are.

What is domestic violence?

For violence to be ‘domestic’, it doesn’t have to occur within your home, only within a relationship (with family or an intimate partner). It occurs when someone close to you has power and control over you. This control or abuse can be expressed in different ways.

Physical abuse

If someone is hurting you physically, or is threatening to hurt you, a loved one or a pet, then you will need to take action. Read more about physical abuse and learn where to get support.

Emotional abuse

Emotional abuse often goes unrecognised and can be very hurtful. Someone who is emotionally abusive towards you wants to chip away at your feelings of self-worth and independence. Read more about what constitutes emotional abuse.

Social abuse

Social domestic violence occurs when someone insults or humiliates you in front of other people, keeps you isolated from family and friends, or controls what you do and where you go.

Spiritual abuse

Spiritual domestic violence involves preventing you from having your own opinions about religion, cultural beliefs and values. It may also involve manipulating your thoughts on spirituality in order to make you feel powerless.

Where to go

Recognising that there’s a problem is the first step in getting help. The second is to know that you’re not alone. If you need to get out fast, you have a number of options.

A shelter or refuge is a place where you can seek temporary accommodation while you sort out your next steps. There are also usually other services available in refuges, including legal advice, emotional support, practical help (such as food and clothing), and good security.

You can, get in contact with a trusted family member or friend and ask if you can stay with them while you work out what to do next.

How can you keep yourself safe?

An abuser may exert control by downplaying the seriousness of what they’re doing to you. As a result, it’s easy to underestimate the amount of danger you’re in. It’s vital to protect yourself from harm if you feel that you’re being abused.

How likely is it that someone will hurt you? Sometimes it’s hard to work out the danger or risks yourself. If you’re unsure about your safety, it’s important to talk to someone. If you feel uncomfortable, you may have to move to somewhere safe.

If you feel unsafe, talk to the police. They’re there to protect you. You can also call state and territory support lines to talk about the risks you face.
Check out your legal rights at the Lawstuff website. Every state has laws designed to protect against all forms of domestic violence.

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8
Jun

The legal you need to know when buying a home

Domestic violence, or family violence, is violent, abusive or intimidating behaviour in a relationship. There are many types of domestic violence, including social, physical, sexual and emotional. If you’re being subjected to domestic violence, there are a number of organisations that can offer you help and support.

aged couple of pensioners talking with employee at office

This can help if:

  • you’re in an abusive relationship
  • you don’t know what to do about your abusive relationship
  • you don’t know where to go to get help
  • you don’t know what your rights are.

What is domestic violence?

For violence to be ‘domestic’, it doesn’t have to occur within your home, only within a relationship (with family or an intimate partner). It occurs when someone close to you has power and control over you. This control or abuse can be expressed in different ways.

Physical abuse

If someone is hurting you physically, or is threatening to hurt you, a loved one or a pet, then you will need to take action. Read more about physical abuse and learn where to get support.

Emotional abuse

Emotional abuse often goes unrecognised and can be very hurtful. Someone who is emotionally abusive towards you wants to chip away at your feelings of self-worth and independence. Read more about what constitutes emotional abuse.

Social abuse

Social domestic violence occurs when someone insults or humiliates you in front of other people, keeps you isolated from family and friends, or controls what you do and where you go.

Spiritual abuse

Spiritual domestic violence involves preventing you from having your own opinions about religion, cultural beliefs and values. It may also involve manipulating your thoughts on spirituality in order to make you feel powerless.

Where to go

Recognising that there’s a problem is the first step in getting help. The second is to know that you’re not alone. If you need to get out fast, you have a number of options.

A shelter or refuge is a place where you can seek temporary accommodation while you sort out your next steps. There are also usually other services available in refuges, including legal advice, emotional support, practical help (such as food and clothing), and good security.

You can, get in contact with a trusted family member or friend and ask if you can stay with them while you work out what to do next.

How can you keep yourself safe?

An abuser may exert control by downplaying the seriousness of what they’re doing to you. As a result, it’s easy to underestimate the amount of danger you’re in. It’s vital to protect yourself from harm if you feel that you’re being abused.

How likely is it that someone will hurt you? Sometimes it’s hard to work out the danger or risks yourself. If you’re unsure about your safety, it’s important to talk to someone. If you feel uncomfortable, you may have to move to somewhere safe.

If you feel unsafe, talk to the police. They’re there to protect you. You can also call state and territory support lines to talk about the risks you face.
Check out your legal rights at the Lawstuff website. Every state has laws designed to protect against all forms of domestic violence.

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8
Jun

Car Thief with Flashlight Inside Stolen Car at Night. Car Insurance!

Domestic violence, or family violence, is violent, abusive or intimidating behaviour in a relationship. There are many types of domestic violence, including social, physical, sexual and emotional. If you’re being subjected to domestic violence, there are a number of organisations that can offer you help and support.

aged couple of pensioners talking with employee at office

This can help if:

  • you’re in an abusive relationship
  • you don’t know what to do about your abusive relationship
  • you don’t know where to go to get help
  • you don’t know what your rights are.

What is domestic violence?

For violence to be ‘domestic’, it doesn’t have to occur within your home, only within a relationship (with family or an intimate partner). It occurs when someone close to you has power and control over you. This control or abuse can be expressed in different ways.

Physical abuse

If someone is hurting you physically, or is threatening to hurt you, a loved one or a pet, then you will need to take action. Read more about physical abuse and learn where to get support.

Emotional abuse

Emotional abuse often goes unrecognised and can be very hurtful. Someone who is emotionally abusive towards you wants to chip away at your feelings of self-worth and independence. Read more about what constitutes emotional abuse.

Social abuse

Social domestic violence occurs when someone insults or humiliates you in front of other people, keeps you isolated from family and friends, or controls what you do and where you go.

Spiritual abuse

Spiritual domestic violence involves preventing you from having your own opinions about religion, cultural beliefs and values. It may also involve manipulating your thoughts on spirituality in order to make you feel powerless.

Where to go

Recognising that there’s a problem is the first step in getting help. The second is to know that you’re not alone. If you need to get out fast, you have a number of options.

A shelter or refuge is a place where you can seek temporary accommodation while you sort out your next steps. There are also usually other services available in refuges, including legal advice, emotional support, practical help (such as food and clothing), and good security.

You can, get in contact with a trusted family member or friend and ask if you can stay with them while you work out what to do next.

How can you keep yourself safe?

An abuser may exert control by downplaying the seriousness of what they’re doing to you. As a result, it’s easy to underestimate the amount of danger you’re in. It’s vital to protect yourself from harm if you feel that you’re being abused.

How likely is it that someone will hurt you? Sometimes it’s hard to work out the danger or risks yourself. If you’re unsure about your safety, it’s important to talk to someone. If you feel uncomfortable, you may have to move to somewhere safe.

If you feel unsafe, talk to the police. They’re there to protect you. You can also call state and territory support lines to talk about the risks you face.
Check out your legal rights at the Lawstuff website. Every state has laws designed to protect against all forms of domestic violence.

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8
Jun

This is war, and in war the only crime is to lose.

Domestic violence, or family violence, is violent, abusive or intimidating behaviour in a relationship. There are many types of domestic violence, including social, physical, sexual and emotional. If you’re being subjected to domestic violence, there are a number of organisations that can offer you help and support.

aged couple of pensioners talking with employee at office

This can help if:

  • you’re in an abusive relationship
  • you don’t know what to do about your abusive relationship
  • you don’t know where to go to get help
  • you don’t know what your rights are.

What is domestic violence?

For violence to be ‘domestic’, it doesn’t have to occur within your home, only within a relationship (with family or an intimate partner). It occurs when someone close to you has power and control over you. This control or abuse can be expressed in different ways.

Physical abuse

If someone is hurting you physically, or is threatening to hurt you, a loved one or a pet, then you will need to take action. Read more about physical abuse and learn where to get support.

Emotional abuse

Emotional abuse often goes unrecognised and can be very hurtful. Someone who is emotionally abusive towards you wants to chip away at your feelings of self-worth and independence. Read more about what constitutes emotional abuse.

Social abuse

Social domestic violence occurs when someone insults or humiliates you in front of other people, keeps you isolated from family and friends, or controls what you do and where you go.

Spiritual abuse

Spiritual domestic violence involves preventing you from having your own opinions about religion, cultural beliefs and values. It may also involve manipulating your thoughts on spirituality in order to make you feel powerless.

Where to go

Recognising that there’s a problem is the first step in getting help. The second is to know that you’re not alone. If you need to get out fast, you have a number of options.

A shelter or refuge is a place where you can seek temporary accommodation while you sort out your next steps. There are also usually other services available in refuges, including legal advice, emotional support, practical help (such as food and clothing), and good security.

You can, get in contact with a trusted family member or friend and ask if you can stay with them while you work out what to do next.

How can you keep yourself safe?

An abuser may exert control by downplaying the seriousness of what they’re doing to you. As a result, it’s easy to underestimate the amount of danger you’re in. It’s vital to protect yourself from harm if you feel that you’re being abused.

How likely is it that someone will hurt you? Sometimes it’s hard to work out the danger or risks yourself. If you’re unsure about your safety, it’s important to talk to someone. If you feel uncomfortable, you may have to move to somewhere safe.

If you feel unsafe, talk to the police. They’re there to protect you. You can also call state and territory support lines to talk about the risks you face.
Check out your legal rights at the Lawstuff website. Every state has laws designed to protect against all forms of domestic violence.

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7
Jun

Domestic violence and what you can do about it

Domestic violence, or family violence, is violent, abusive or intimidating behaviour in a relationship. There are many types of domestic violence, including social, physical, sexual and emotional. If you’re being subjected to domestic violence, there are a number of organisations that can offer you help and support.

aged couple of pensioners talking with employee at office

This can help if:

  • you’re in an abusive relationship
  • you don’t know what to do about your abusive relationship
  • you don’t know where to go to get help
  • you don’t know what your rights are.

What is domestic violence?

For violence to be ‘domestic’, it doesn’t have to occur within your home, only within a relationship (with family or an intimate partner). It occurs when someone close to you has power and control over you. This control or abuse can be expressed in different ways.

Physical abuse

If someone is hurting you physically, or is threatening to hurt you, a loved one or a pet, then you will need to take action. Read more about physical abuse and learn where to get support.

Emotional abuse

Emotional abuse often goes unrecognised and can be very hurtful. Someone who is emotionally abusive towards you wants to chip away at your feelings of self-worth and independence. Read more about what constitutes emotional abuse.

Social abuse

Social domestic violence occurs when someone insults or humiliates you in front of other people, keeps you isolated from family and friends, or controls what you do and where you go.

Spiritual abuse

Spiritual domestic violence involves preventing you from having your own opinions about religion, cultural beliefs and values. It may also involve manipulating your thoughts on spirituality in order to make you feel powerless.

Where to go

Recognising that there’s a problem is the first step in getting help. The second is to know that you’re not alone. If you need to get out fast, you have a number of options.

A shelter or refuge is a place where you can seek temporary accommodation while you sort out your next steps. There are also usually other services available in refuges, including legal advice, emotional support, practical help (such as food and clothing), and good security.

You can, get in contact with a trusted family member or friend and ask if you can stay with them while you work out what to do next.

How can you keep yourself safe?

An abuser may exert control by downplaying the seriousness of what they’re doing to you. As a result, it’s easy to underestimate the amount of danger you’re in. It’s vital to protect yourself from harm if you feel that you’re being abused.

How likely is it that someone will hurt you? Sometimes it’s hard to work out the danger or risks yourself. If you’re unsure about your safety, it’s important to talk to someone. If you feel uncomfortable, you may have to move to somewhere safe.

If you feel unsafe, talk to the police. They’re there to protect you. You can also call state and territory support lines to talk about the risks you face.
Check out your legal rights at the Lawstuff website. Every state has laws designed to protect against all forms of domestic violence.

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5
Jun

Probation: Reformative Aspect of Criminal Justice

Written By- Adarsh Pharasi

‘Hate the Crime not the Criminals’. These words of Mahatma Gandhi reflect the modern approach of Penology which concentrates on reforming criminals. No one is born-criminal, it is the unfavourable circumstances in our life which makes a criminal. Therefore  probation serves the reformative approach of penology and aims at rehabilitating offenders to the norms of society to become a law abiding citizen. In the words of Sutherland and Cressey:

“Probation is the status of a convicted offender during a period of suspension of the sentence in which he is given liberty conditioned on his good behaviour and in which the state by a personal supervision attempts to assist him to maintain good behaviour.”

It is a method in which, rather than imprisoning the offender, is placed under the supervision of Probation officer for a specified period as per the conditions laid down by the court, with a view for his reformation.

Laws pertaining to Probation in India:

Code of Criminal Procedure, 1898 comprised the provision for probation of offenders under Section 562. After amendment Code of Criminal Procedure, 1974 consist of the said provision under Section 360. The Sub-section 1 Section 360 forms two classes of offenders entitled for probation:

  1. Any person not under 21 years of age convicted of an offence punishable with fine only or imprisonment for a term of seven years or less, and no previous conviction is proved against the offender, or
  2. Any person under 21 years of age or any woman is convicted of an offence not punishable with death or imprisonment for life, and no previous conviction is proved against the offender.

The provisions of the section are supplemented and elaborated by Probation of Offenders Act, 1958. Further Section 361 of the code makes it mandatory for the court to record reasons for not granting probation to an offender where the court could have granted probation. But Section 19 of the Schedule Cast and Schedule Tribes (Prevention of Atrocities) Act, 1989 restricts the application of provisions of Sec. 360 of CrPC and Probation of Offenders Act, 1958 upon the offender above the age of 18 who has committed offence under Schedule Cast and Schedule Tribes (Prevention of Atrocities) Act, 1989.

Procedure for Probation under Probation of Offenders Act

The act empowers the power to grant probation by court by two means:

  1. Power of Court to release certain offenders after admonition(Section 3)
  2. Power of Court to release certain offenders on good conduct(Section 4)

Probation after admonition may be granted upon the discretion of court if the person is convicted of offence of theft, misappropriation, cheating or any other offence punishable with two years of imprisonment or fine, or both and there is no other previous conviction of any offence.

Probation on good behaviour is granted when the court having regard to the nature of offence and offender and his good conduct thinks fit to release him on bond, with or without surety, that the offender will present himself to receive sentence in front of authority when called upon, not exceeding three years only when the offence for which the person is found guilty is not punishable with death sentence or imprisonment for life. The Court can appoint a probation officer for supervision of the offender during for a period not less than one year.

The Court may also require the offender to pay compensation as fine for his release on probation under section 5 of the Act.

Section 8: Variation of Condition of Probation

(1) If, on the application of a probation officer, any court of opinion that in the interests of the offender and the public it is expedient or necessary to vary the conditions of any bond entered into by the offender, it may, at any time during the period when the bond is effective, vary the bond by extending or diminishing the duration thereof so, however, that it shall not exceed three years from the date of the original order or by altering the conditions thereof or by inserting additional conditions therein;

Provided that no such variation shall be made without giving the offender and the surety or sureties mentioned in the bond an opportunity of being heard.

(2) If any surety refuses to consent to any variation proposed to be made under sub-section  (1), the court may require the offender to enter into a fresh bond and if the offender refuses or fails to do so, the court may sentence him for the offence of which he was found guilty.

(3) Notwithstanding anything hereinbefore contained, the court which passes an order under section 4 in respect of an offender may, if it is satisfied on an application made by the probation officer, that the conduct of the offender has been such as to make it unnecessary that he should be kept any longer under supervision, discharge the bond or bonds entered into by him.

Bond for probation

An offender is required to enter into a bond, with or without surety to be released from incarceration on probation. In Dasappa v. State of Mysore, AIR 1965 Mys 224., The release of probationer on bond with or without sureties on probation of good conduct is, in nature, a preventive measure which seeks to save the offender from the evil effects of 5 / 18 THE PROBATION OF OFFENDERS ACT, 1958 institutional incarceration and affords him an opportunity of reformation within the community itself. It is a discretionary remedy rather than a mandatory one. But the bond may be terminated if the offender hasn’t complied with the conditions of probation order, or under the conditions given under Section 8 of the Act. But, in Durgesh Ranjan Chakraborty v. The Administrator of Tripura, AIR 1965 Tripura 26., it has been said that for the forfeiture of bond and the failure to pay penalty on behalf of surety, the court is not empowered to order surety’s arrest.

Probation officer

Under Section 13 of the act a probation officer is the person appointed to be a probation officer by the State Government or recognised as such by the State Government; or a person provided for this purpose by a society recognised in this behalf by the State Government; or in any exceptional case, any other person who, in the opinion of the court, is fit to act as a probation officer in the special circumstances of the case. A probation officer works under the control of the district magistrate of the district in which the offender for the time being resides and his reports are confidential ‘provided that the court may, if it so thinks fit, communicate the substance thereof to the offender and may give him an opportunity of producing such evidence as may be relevant to the matter stated in the report.’(Section 7)

Special Provision for offenders under twenty one years of age

Under Section 6 of the act the offenders under 21 years of age convicted of crime punishable with imprisonment(not life imprisonment) shall be given benefit of section 3 and 4 by the court but if the court with regard to the nature of offence and offender, report of probation officer is of the opinion that such benefit shall not be granted to the offender then it can do so with reasons recorded for its decision.

Conclusion

The provisions of Section 360 of Cr.P.C. and Probation of Offenders Act are same except that for the special provision for offenders under 21 years of age Cr.P.C. provides that there should not be any other conviction but the condition don’t apply to probation under Sec. 6 of Probation of Offenders Act. But the scope of these two enactment shll not be confused as under Sec. 19 of The Probation of Offenders Act provides that the Sec. 16, 17 and 360 of Cr.P.C. will not apply in states where the said Act is operative. Besides these two enactments, the Juvenile Justice (Care and Protection of Children) Act, 2000 also provides for the release of children who have committed offences to be released on probation of good conduct and placed under the care of any parent, guardian or other fit person, on such parent, guardian or other fit person executing a bond, with or without surety, or any fit institution as the Board may require, for the good behaviour and well-being of the juvenile for any period not exceeding three years.

14
Apr

CLASSIFICATION OF OFFENCES AS PER INDIAN LAWS

Written By: Manishek Kumar Singh

INTRODUCTION:

According to Section 40 of Indian Penal Code 1860 offence” denotes anything made punishable by the Indian Penal Code 1860. Basically, offence means anything which is done by a legal person against the law or statute and moreover also made punishable by Penal laws is considered as an offence. For the easement of the Public Authorities while dealing with the misdemeanour the makers of the assize classified the misdemeanour in some pigeonhole structures according to which offences are as follows:

  1. Cognizable Offences
  2. Non-Cognizable Offences
  3. Bailable Offences
  4. Non-Bailable offences
  5. Compoundable Offences
  6. Non-Compoundable Offences   
  • COGNIZABLE OFFENCES:-

As per the Section 2 clause (c) of Criminal Procedure Code 1973 Cognizable offences means an offence for which, and “Cognizable Case” means a case in which, a police officer may, in accordance with the First Schedule or under any other law for the time being in force, arrest without warrant. According to Clause (2) of the First Schedule of CrPc (ii) “Cognizable” stands for a “police officer may arrest without a warrant”. Fundamentally a cognizable offence means offences which are serious in nature. As per the Indian Penal Code 1860, some of the cognizable offences are

  1. Waging or attempting to wage war, or abetting the waging of war against the government of India,
  2. Murder,
  3. Rape,
  4. Dowry Death,
  5. Kidnapping,
  6. Theft,
  7. Criminal Breach of Trust,
  8. Unnatural Offences,

Whenever there is a case of cognizable offence the public authorities or the police officers are ordered to take cognizance. Any officer-in-charge of a police station, without the order of a Magistrate, investigate any cognizable case which a court having jurisdiction over the local area within the limits of such station would have the power to inquire into or try under the provisions of CrPc 1973. Section 154 of Criminal Procedure Code, 1973 provides that under a Cognizable offence the Police Officer has to receive the First Information Report (FIR) relating to the cognizable offences.

JUDICIAL TRENDS:-

i) Lalita Kumari vs. Govt. of U.P {AIR 2013 SCC}

Apex court of India Held that the Police Officer must compulsorily register the FIR on receiving a complaint if the information discloses a cognizable offence, and no preliminary inquiry is permissible in such situation.

ii) Smt. Gurmito vs. the State of Punjab and Ors {1996 CriLj 1254 P&H}

            The Police cannot refuse to register the case on the ground that it is either not reliable or credible.

iii) State of Andhra Pradesh vs. Punati Ramula and Others, {AIR 1993 SC 2644}

refusal to record FIR on the ground that the place of Crime Does not fall within the territorial jurisdiction of Police station, amount to dereliction of Duty. Information about the cognizable offence would have to be recorded and forwarded to the police station having Jurisdiction.

  • NON-COGNIZABLE OFFENCES:-

A non-cognizable offence has been defined in section 2 (l) of Criminal Procedure Code 1973. Non- Cognizable offences mean an offence for which, non- cognizable case means a case in which, a police officer without any warrant has no authority to arrest. Basically, these offences are not of such serious nature as the above one for example:

  1. Assault,
  2. Cheating,
  3. Forgery,

      Section 155 of CrPc 1973 provides that in a Non-cognizable offence or case the police officer cannot receive or record the FIR unless he obtains prior permission from the magistrate. There is certainly an offence for arrest in such cases has been defined previously which must be followed: Filling of complaint, Investigation, Charge Sheet, Charge Sheet to be filed in Court, Trial, the Final order of Arrest if cases have been made out.

JUDICIAL TRENDS:-

  1. Kunhumuhammed vs. the State of Kerala

The court held that the report of a Police Officer following an investigation contrary to Sec 155(2)(3) could be treated as a complaint under section 2(d) and section 190(1)(a). It is necessary that at the commencement of the investigation the police officer is led to believe that the case involved the commission of a cognizable offence or has a doubt about the same and investigation establishes only commission of non-cognizable offences.

  • BAILABLE OFFENCES:-

Section 2(a) of Criminal Procedure Code 1973 defines Bailable offence means an offence which is shown as bailable in the first schedule, or which is made bailable by any other law for the time being in force. In case of Bailable offences, the grant of bail is at the discretion of the police officer or the court whoever having jurisdiction on the matter. In bailable offences, the accused is released on the basis of bail bond, with or without furnishing sureties. Basically bail bond consists of some condition regarding bail which the public authority or the court may think to be justified on behalf of bail. The court is empowered to refuse bail to an accused person even if the offence is bailable, where the person granted bail fails to comply with the conditions of the bail bond.

Some of the bailable offences are a member of the Unlawful assembly, Rioting, servant disobeying a direction of the law with intent to cause injury, simple hurt, Bribery, Public Nuisance etc.

As per Section 50 of CrPC whenever a person is arrested without warrant, it is the duty of the police officer to communicate the full detail of the offence for which the person is arrested, also if the offence for which the person is arrested is bailable one, it is the duty of the police to inform that he is entitled to be released on bail after giving the security.

Section 436 of CrPC, whenever a person accused of a bailable offence is arrested without the warrant and is prepared to give bail, such person shall be released on bail. The person seeking for bail must have to fill form number 45 for bail as prescribed under schedule first.

JUDICIAL TRENDS:-

  1. Rasik Lal vs, Kishore {AIR SCC 2009}

It was held that in case of bailable offence it is the right of the person arrested to claim for bail and the right is absolute and indefeasible and if the person accused is prepared, the court of the police as the case may be will be bound to release him on bail.

  • NON-BAILABLE OFFENCE:-

As per Section 2(a) of CrPC, non-bailable offences include all those offences which are not included in bailable offences in the first schedule. A person accused of non-bailable offence doesn’t have right to be released he can only apply for it remains at the discretion of the court to whether grant the bail or not. Section 437 of CrPC states that if a person is arrested on an accusation of the commission of the Non-bailable offence, then the person will not be released on bail if there appears a reasonable ground that the person is guilty of an offence punishable with death or imprisonment for life. Only when the accused is a woman, below the age of 16 years, sick and Infirm then the only court can grant bail for it.

Under section 438 of CrPC of 1973 a person can apply for anticipatory bail in case of non-bailable offence but in that case, to the discretion lies with the court.

Offences which are Cognizable in nature mostly come under the non-bailable offence.

JUDICIAL TREND:-

  1. Sanjay Chandra vs. CBI (AIR 2012 SCC)

In the case, it was held that the Seriousness of the charge not the only relevant factor while considering bail application both the seriousness of the charge and the severity of the punishment should be taken into consideration while granting bail.

  • COMPOUNDABLE OFFENCES:-

A compoundable offence means offences which can be settled or adjusted by agreement, the person against whom the offence has been committed having received some consideration or gratification not to prosecute the accused. Section 320 of CrPC provides a list of offences punishable under different sections of the Indian Penal Code which may be compounded by the person. In cases where the question involved is purely personal in nature the court always suggests for the compromise between the parties through compoundable method.

JUDICIAL TREND:-

  1. Manoj & Another vs. State of Madhya Pradesh

The accused was convicted of causing hurt to the complainant by dangerous weapons. Both the parties are residents of the same village with the intervention of the village panchayat, they had come to the compoundable method for dispute resolution and settled down and the court also allowed them under CrPC section 324.

  • NON-COMPOUNDABLE OFFENCES:-

Offences other than those mentioned in Section 320 of the code of Criminal procedure 1973 are not compoundable. Generally, cases which are against the public policy or against the state are not assumed as compoundable in nature. High Courts in the exercise of its inherent powers cannot permit compounding of non-compoundable offences, only in special cases Supreme Court Can do so.

Edited By: Rachit Mehrotra