Sunday 17 March 2019

Offence


=> Offences are categorised as (1) Bailable and (2) Non-Bailable
 -> Bailable offences are such offences, having lesser gravity.
-> In Bailable  Offence, the person charged with such crime is entitled to get the bail as of right, in case he applies for the same. ( Sec. 436 Cr.P.C.)
-> In Non-bailable offence, the person can  not get the bail as of right but still can apply for the bail under the provisions of Sec. 437 Cr.P.C. and then it becomes a discretion of concerned Magistrate to grant a bail or not. However, if the accused is woman, sick or infirm then generally the liberty of bail is extended to him/her.
-> A person who is apprehending an arrest by the police officer, for committing non-bailable offence,  can even apply to the Sessions Court for grant of Anticipatory Bail under Section 438 Cr.P.C.

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    Scott Lanzon

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