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India has three criminal laws. These are known as Major Laws. They are:
All other laws are classified as Special Laws, Local Laws (state enacted Laws), or as a collective as Minor Laws.
The time it takes to decide a criminal case can also vary greatly. Depending on the number and bail granted of the accused, the initial decision by the originating court may take between 2 and 5 years. In any case, there will almost always be an appeal to a higher court. This may take as much as one-third of the time.
Section 438 of CrPC refers to the provision regarding anticipatory bail.
If an individual is concerned about being arrested in connection to an implication in a non-bailable crime, they can apply for anticipatory bail before the registration of an FIR. Only one thing is required: The grounds for anticipatory bail must be logical or evident.
It all depends on the type of attack. It could be physical, emotional, mental, or cyber.
However, if the assault is physical, then IPC allows for grievous hurt and assault cases to be filed. If they are proven, they can be charged with the appropriate punishment, which could include a maximum of 3 months imprisonment and 7 years, as well as a fine.
A complaint is a written request by the complainant for an enforcement agency to investigate the matter. FIR refers to the First Information Report (FIR) issued by the enforcing agency acknowledging receipt of the complaint. It binds the authority in order to investigate and do justice to the complainant as required by law.
An anticipatory bail was introduced in the year 1973, under section 438 in the Code of Criminal Procedure. This was recommended by the Law Commission Of India in its 41st report. The main idea behind this was, that it is necessary to grant anticipatory bail to people because there were cases of false accusations that had come up in terms of rivalry between individuals and to prevent from getting jailed unreasonably.
What is meant by the term “bail”?
A bail simply means that the accused in some criminal offense is released for a certain period till his trial is pending in court and is yet to announce judgment. This bail, especially anticipatory bail is said to be a “presumption of innocence”, which simply means that no one can be considered a criminal until proven guilty.
As per the law, when the person gets bail then he needs to submit security to get released so that the prisoner needs to appear before the court during his trials and he cannot run away. You can take the help of some good lawyers in Delhi to make you understand this bail.
What is the Legal position of the bail?
The term “bail” is not defined under the Criminal Procedure code 1973. The actual terms are “Bailable offense” and “Nonbailable offense” that is been defined under section 2(a). You can check the provisions for bail and the bail bonds in sections 436-450 of the Criminal Procedure code. Some of the best advocates in Delhi can explain more about this definition.
Here is a small gist on the different categories of bail:
As mentioned above, the offenses can be classified as either bail or non-bailable offenses.
Bailable offenses: This is as per section 2(a) of CRPC. Here the accused can claim bail at any time while he is under police custody. His bail cannot be rejected by the police if he is claimed to commit a bailable offense
Non-bailable offense: This is used when the accused has done an offense that is not bailable. An accused will fall under the non-bailable category in the following cases:
If he has committed an offense, he needs to be given the death penalty or life imprisonment.
It has previously been convicted with the death penalty or life imprisonment or imprisonment for seven years and more.
An exception shall be given to an accused who is a woman, a minor, or a sick person. In any of the cases, your case can be considered by the best criminal lawyer in India.
What are the different types of bails?
There are 3 types of bails and i.e. Regular, Interim, and Anticipatory
Interim bail: This is a temporary or a short-term bail that is given before the first hearing in court till the regular or anticipatory bail is been given.
Anticipatory bail: A person can apply for anticipatory bail when he feels that he might be arrested before the hearing in court. However, this application can alert an investigation officer as he might feel that this person is involved in the crime.
On the other hand, the anticipatory bail can be cancelled if the accused does not obey the terms and conditions that have been imposed by the court. Also, if the complainant or the prosecution gives an application for the cancellation of this bail then it can be cancelled at any time.
Regular bail: A regular bail can be applied for under Section 437 and 439 of CrPC. Here the accused can be released under regular bail by paying a particular amount as a bail amount.
In any of the cases if necessary then the bail can be cancelled at any time by the High court, the Supreme court or the Sessions court under the section 439 (2).
When we talk about criminal cases, it is when a person is convicted of committing a crime and is considered an offense as per the law of the Nation. These Laws can differ from place to place and the same goes with the punishment given to the accused. It is very common for Indians to have less knowledge about the criminal laws in India. So here we are highlighting mainly the circumstances under which a criminal case can be filed against an individual.
If you are looking for the best criminal lawyer in Delhi then you can visit online sites which can give you details along with their reviews.
The Criminal Laws of India
There are three different criminal laws in India and they explain the procedure and the punishment for criminal trials:
Following is the list of criminal offenses that are considered as per the Indian Penal Code:
Procedure for the criminal trial
The following are the steps of the procedure to file a criminal complaint:
To conclude, it is important to understand if the offense of the accused qualifies as a criminal offense. Only then a further procedure needs to be done. You can check with the criminal lawyer Delhi in case you got doubts about this procedure.
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