BAIL BEFORE ARREST
- Ä What is bail before arrest? Under what circumstances it can be allowed?
INTRODUCTION
RELEVANT PROVISIONS
Section 497 and 498 of CrPC
MEANING OF PRE-ARREST BAIL U/SEC 498
Release of accused from State Custody to the custody of person.
OBJECT OF PRE-ARREST BAIL
CONDITIONS FOR GRANT OF PRE-ARREST BAIL
The main conditions to be satisfied before exercise of jurisdiction in pre-arrest bail under section 498 CrPC are as under;
I- APPREHENSION OF IMMINENT ARREST
II- APPREHENSION OF HUMILIATION
III- IRREPARABLE INJURY TO REPUTATION
IV- OTHERWISE A FIT CASE
V- PHYSICALLY SURRENDER BEFORE THE COURT
VI- PETITION BEFORE SESSION COURT
WHO MAY BE RELEASED ON BAIL
The court may direct the following persons may be released on bail
I- ANY PERSON UNDER THE AGE OF 16
II- ANY PERSON ABOVE THE AGE OF 60
III- ANY WOMAN
IV- ANY SICK OR INFIRM PERSON
V- IN CASE OF FURTHER INQUIRY
VI- REASONABLE GROUNDS
VII- RULE OF CONSISTENCY
VIII- CROSS CASE
IX- DELAY IN TRIAL
CASES WHERE BAIL BEFORE ARREST NOT GRANTED
Bail before arrest cannot be granted in the following cases
i) If accused is habitual offender.
ii) If accused is previously convicted.
iii) If there is likelihood of abscondence of the accused.
iv) If there is reasonable apprehension of accused being tempering the prosecution evidence.
BAIL BEFORE ARREST IN BIALLABLE OFFENCES
CONDITIONAL BAIL BEFORE ARREST
WHERE NO CASE REGISTERED U/SEC 498-A
FORUM FOR BAIL BEFORE ARREST U/SECTION 498
CONCLUSION
At the end i can say that.......................
good work
ReplyDeleteElaborate more
ReplyDeletevery Good and helpful information
ReplyDeletevery Good and helpful information
ReplyDelete