BAIL BEFORE ARREST


BAIL BEFORE ARREST

  1. 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....................... 

4 comments: