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To appreciate the process of Indian criminal law, it is necessary that to understand following important terminology:
|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|
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Under Section 436 of the Indian legal code, an individual accused of any bail able offence are often released on bail. The law also allows an individual to use for bail even when he has not been arrested, but fears arrest within the near future. this sort of bail is understood as anticipatory bail. The police cannot arrest an individual who has an anticipatory bail order.
The arrestee has got to submit Form-45 given within the Second Schedule to the court during which the case is being heard to urge bail for a bail able offence. Without the court’s approval, the bail can’t be granted. When it’s a non-bail able offence, the arrestee must submit an equivalent form within the court but the granting of bail depends on the discretion of the court.
According to Section 154 of the Criminal Procedure Code, when the complaint is given orally, the policeman must write it down and skim it over to the person filing the complaint. Once satisfied, the person must sign the FIR both within the case of verbal and written FIR.
Bail is money or other property that’s deposited with the court to make sure that the person accused will return to court when he or she is required to try to to so. If the defendant returns to court as needed, the bail is going to be returned at the top of the case, albeit the defendant is ultimately convicted.