vskandco.com
Bengaluru
088806 88811
  • Special Offences:Constitutional Problems with the Exclusion of Jurisdiction in the Coal Block Cases. ... Transferred all cases pending before courts “pertaining to coal block allocation matters” to the Court of this Special Judge.
  • POSCOThe Protection of Children from Sexual Offences Act (POCSO Act) 2012 was formed to protect children from offences of sexual abuse, sexual harassment and pornography and to provide a child-friendly system for the trial of these offences.
  • Ultar City:Ultra vires is a Latin phrase meaning "beyond the powers". If an act requires legal authority and it is done with such authority, it is characterised in law as intra vires ("within the powers"). If it is done without such authority, it is ultra vires.
  • CBI Cases quashing:The high court directed the CBI to complete investigation in case.
  • Anticipatory Bail:Anticipatory bail is a direction to release a person on bail, issued even before the person is arrested. It is basically a protection given to you and direction to prosecution to no to arrest till further orders.
  • Regular Bail:when a person is granted bail by the court after arrest.When the police receive a complaint and if they have gathered sufficient evidence which will support their arrest.
  • PCR:Post-conviction relief is governed by federal and state laws, which vary by state, and may be used to preclude state or federal habeas corpus.
  • NI Act:This Act may be called the Negotiable Instruments Act, 1881. Local extent, saving of usages relating to Hundis, etc., Commencement.
  • ARMS Act:an Act of the Parliament of India to consolidate and amend the law relating to arms and ammunition in order to curb illegal weapons and violence stemming from them.
  • NDPS:Under the NDPS Act, it is illegal for a person to produce/manufacture/cultivate, possess, sell, purchase, transport, store, and/or consume any narcotic drug or psychotropic substance.
  • Customs, Julien Justice:Julian is a personal injury lawyer, specializing in auto accident, construction accidents, medical ... Your Personal Injury Case Deserves Justice.

To appreciate the process of Indian criminal law, it is necessary that to understand following important terminology:

  1. Bailable Offence, means an offence, which has been categorized as bailable, and in case of such offence, bail can be claimed, subject to fulfillment of certain conditions, as a matter of right under Section 436 of the Cr.P.C. In case of bailable offences, the Police is authorized to give bail to the accused at the time of arrest or detention.
  2. Non-bailable Offence, means an offence in which the bail cannot be granted as a matter of right, except on the orders of a competent court. In such cases, the accused can apply for grant of bail under Section 437 and 439 of the Cr.P.C. It is important to note that the grant of bail in a non-bailable offence is subject to judicial discretion of the Court, and it has been mandated by the Supreme Court of India that “Bail, not Jail” should be the governing and guiding principle.
  3. Anticipatory Bail, under Section 438 of the Cr.P.C., means that  a person who apprehends arrest on a wrong accusation of committing a non-bailable offence, can apply before a competent court for a direction to police to immediately release such a person on bail in the event of arrest. However, the grant of anticipatory bail is discretionary and defendant on the nature and gravity of accusations, the antecedents of the applicant and the possibility of the applicant fleeing from justice.
  4. Cognizable Offence/case, has been defined under Section 2 (c) of Cr.P.C., as an offence/case in which a Police Office can arrest without a warrant.
  5. Non-cognizable Offence/case, has been defined under Section 2 (l) of Cr.P.C., as an offence/case in which a Police Officer has no authority to arrest without a warrant.
  6. Whether an offence/case is bailable or not bailable, and cognizable or non-cognizable, has been qualified under the 1st Table of the 1st Schedule of  Cr.P.C., which relate to the offences under IPC.
  7. F.I.R (first information report), is formal recordal of a complaint, by police in case of commission of a cognizable offence, and can be considered as a first step in the process of the investigation of a cognizable offence by Police
  8. The Table II of the 1st Schedule of  Cr.P.C., gives a general guideline to determine whether an offence is  bailable, non-bailable, cognizable or non-cognizable. The criteria in the table below, is applicable in those cases which are silent on this aspect. For easy understanding, the following criteria may be understood:
Offence Cognizable or Non-Cognizable Bailable or Non-bailable
Punishable With Imprisonment ForLess Than 3 Years or with fine only Non-cognizable Bailable
Punishable With Imprisonment For3 Years or more Cognizable Non-Bailable
  1. The criminal investigation process and prosecution mechanism in India, can be started in any of the following manner:
  1. On complaint /reporting /knowledge of the commission of a cognizable offence, any police officer, even without the orders of a Magistrate, can investigate the cognizable case. [Section 156 (1) of the Cr.P.C.]
  2. In case of failure or inaction of a police officer to investigate a cognizable offence, a criminal complaint can be filed before a Magistrate under Section 190 of Cr.P.C., for taking cognizance of such offence, and on such complaint, the Magistrate himself can take cognizance of the case and do the inquiry, or in the alternative under Section 156 (3) of the Cr.P.C., order Police to register an F.I.R and investigate the offence.
  3. In case of non-cognizable offence, Police is not obliged to investigate, and the judicial process can be started by filing a criminal complaint before the competent court, under Section 190 of the Cr.P.C.