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Overview:- The system of control of Narcotic Drugs in India has been put in place considering the requirement of narcotic drugs and psychotropic substances for medical use and the country’s obligations towards the UN conventions. India is a signatory to The UN Single Convention on Narcotics Drugs 1961, The Convention on Psychotropic Substances, 1971 and The Convention on Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988 which prescribe various forms of control aimed to achieve the dual objective of limiting the use of narcotics drugs and psychotropic substances for medical and scientific purposes as well as preventing the abuse of the same. The administrative and legislative setup in the field of Narcotics has been put in place in the country in accordance with the aforesaid spirit of the UN Conventions. The basic legislative instrument of the Government of India in the regard is the Narcotics Drugs and Psychotropic Substances (NDPS) Act, 1985. Various Ministries and Departments under the Government of India as well as the State Governments exercise various functions pertaining to drug demand and supply reduction. The aspect of drug supply reduction is looked after by various enforcement agencies under the Ministry of Finance, Ministry of Home Affairs and State Governments. The aspect of drug demand reduction is handled by the Ministry of Social Justice & Empowerment and that of treatment of drug addicts and their rehabilitation falls under the domain of the Ministry of Health. Click for More..!

Introduction:- Broadly speaking, all crimes are against the state, or government, insofar as it disturbs the public order. But there are some criminal activities that are directed against the existence of the state itself viz. treason, sedition, and rebellion. Treason is the crime of betraying a nation by acts considered dangerous to its security like selling military secrets to a foreign power, giving aid to the enemy in time of war etc. Sedition refers generally to the offence related to conduct or speech inciting people to rebel against the authority of a state or government. Rebellion is the attempted overthrow of a government; if it succeeds it is a coup, or revolution. In addition to these crimes treated as offences against the State, the Bureau also included offences promoting enmity between different groups as ‘Offences Against the State’ as it disturb tranquility in the society and very prejudicial to national integration.
Offences against the State (under sections 121, 121A, 122, 123 & 124-A IPC) and offences promoting enmity between different groups (under sections 153A & 153 B IPC) are construed as ‘Offences Against the State’. The Bureau has started collecting data on such offences under the revised proformae of ‘Crime in India’ since 2014.
Total offences against the State
A total of 512 cases of total offences against the State were reported during 2014. Maximum number of such cases were reported in Kerala (72 cases) followed by Assam (56 cases), Karnataka (46 cases), Rajasthan (39 cases), Maharashtra (34 cases) and Meghalaya (32 cases).
A total of 872 persons (865 male and 7 female) were arrested under total such offences committed against State during 2014. Maximum number of persons arrested under such offences were reported in Maharashtra (204 out of 872 persons), accounting for 23.4% of total such arrests during 2014.
Offences against the State (under sections 121, 121A, 122, 123 & 124-A IPC)
A total of 176 cases of offences against the State (under section 121, 121A, 122, 123 & 124A IPC) were reported during 2014. Assam has reported 56 such cases accounting for 31.8% of total such cases reported in the country followed by Meghalaya (32 cases), Bihar (20 cases), Jharkhand (18 cases), and Manipur (10 cases) during 2014.

Out of 176 such cases, 47 cases were reported under sedition (section 124A IPC) during 2014. Jharkhand and Bihar have reported 18 cases and 16 cases respectively of total sedition cases, these two States together accounted for 72.3% of total sedition cases during 2014. Besides, 5 cases in Kerala, 2 cases each in West Bengal & Odisha and 1 case each in Andhra Pradesh, Assam, Chhattisgarh & Himachal Pradesh were also reported during 2014.

Under the offences of waging war or attempt/conspiring to wage war or collecting arms for this purpose etc. (under section 121, 121A, 122 & 123), a total of 129 cases were reported wherein maximum cases were reported in Assam (55 cases) followed by Meghalaya (32 cases) and Manipur (10 cases), these three States together accounted for 75.2% of total such cases in the country during 2014.

Under the offences of waging war or attempt/conspiring to wage war or collecting arms for this purpose etc. (under section 121, 121A, 122 & 123), a total of 129 cases were reported wherein maximum cases were reported in Assam (55 cases) followed by Meghalaya (32 cases) and Manipur (10 cases), these three States together accounted for 75.2% of total such cases in the country during 2014.

A total of 58 persons were arrested for the offences of sedition during 2014. Maximum persons under this offence were arrested in Bihar (28 persons) followed by Jharkhand (18 persons) during 2014.

For 129 cases reported under the offence of waging war or attempt/conspiring to wage war or collecting arms for this purpose etc. (under section 121, 121A, 122 & 123 IPC), a total of 166 persons were arrested. Maximum persons arrested under such offences were reported in Meghalaya (67 out of 166 persons) followed by 56 persons arrested in Assam during 2014.

Offences promoting enmity between different groups (Sec.153A & 153B IPC)
A total of 336 cases of offence promoting enmity between different groups (under section 153A & 153B IPC) were reported during 2014. Kerala followed by Karnataka, Rajasthan, Maharashtra, Uttar Pradesh and Andhra Pradesh have reported 65 cases, 46 cases, 39 cases, 33 cases, 26 cases and 21 cases respectively during 2014.

A total of 323 cases were reported under offences promoting enmity between different groups on ground of religion, race, place of birth etc. (under section 153A IPC) during 2014. Kerala followed by Karnataka, Rajasthan, Maharashtra, Uttar Pradesh and Andhra Pradesh have reported 59 cases, 46 cases, 39 cases, 31 cases, 25 cases and 21 cases respectively during 2014.

Under the offence of imputation, assertions prejudicial to national integration(under section 153B IPC), a total of 13 cases were reported, wherein maximum cases were reported in Kerala (6 cases) followed by Madhya Pradesh & Maharashtra (2 cases each) and Gujarat, Uttar Pradesh & Uttarakhand (1 case each) during 2014.

In 336 cases relating to offences of promoting enmity between different groups (under section 153A & 153B IPC), a total of 648 persons, consisting of 645 male and 3 female, were arrested during 2014. Maximum persons under these offences were arrested in Maharashtra (204 out of 648 persons) followed by Kerala (90 persons), Karnataka (63 persons), Uttar Pradesh & West Bengal (44 persons each) and Andhra Pradesh (42 persons) during 2014.

Under offence of promoting enmity between different groups on ground of religion, race, place of birth etc. (under section 153A IPC), a total of 637 persons were arrested during 2014. Maximum number of persons under this offence were arrested in Maharashtra (203 out of 637 persons) followed by Kerala (85 persons), Karnataka (63 persons), Uttar Pradesh & West Bengal (44 persons each) and Andhra Pradesh (42 persons) during 2014.

Under the offence of imputation, assertions prejudicial to national integration (under section 153B IPC), a total of 11 persons were arrested during the year 2014. A total of 5 persons in Kerala, 4 persons in Madhya Pradesh and 1 person each Gujarat & Maharashtra were arrested under this offence during 2014.

What is Sexual Harassment? Any inappropriate gesture, joke, suggestion, favour by a colleague or any offer for promotion or monetary benefits in exchange of sexual favours, etc may be termed as sexual harassment. It is necessary to understand that an incident of sexual harassment can happen to any female individual, irrespective of the nature or size of the work, or her place in the hierarchy of the organization.

It is also not necessary that the incident takes place at the place of work itself. It may also occur during any of the company events, work related travels, customer’s/ client’s premises or any work related electronic communication. One is also entitled to file a complaint even if one is a freelancer, consultant or even a client to the workplace.

In 2013, the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act was enacted to keep a check on such incidents. POSH (Prevention of Sexual Harassment) guidelines were also framed for seeking quick and effective redressal. It has been made mandatory for every organization to follow these guidelines.

Whom does the Act apply to?
It applies to any “aggrieved woman”, of any age, who contends to have been subjected to sexual harassment.
If a woman is at the receiving end of sexual harassment, it should be reported.
Reporting incidents of sexual harassment:

  • The first step to reporting an incident of sexual harassment is to approach the Internal Complaint Committee (ICC) of the organization. Each organization employing above ten people are required to form an ICC.
  • In case the complaint arises from an unorganized sector, or in case there is no ICC in the particular workplace, or if the complaint is against the employer, it can be made to the Local Complaints Commissioner, required to be set up in every district by the Government.
  • One can also complain to the District Magistrate of appropriate jurisdiction.
  • Sexual Harassment is a punishable offence under the laws in India.


  • 1. Procedure under ICC:

  • The presiding officer of ICC is a senior female member of the organization.
  • A written complaint may be made to the ICC of the particular organization.
  • Identity to make complainant can be kept anonymous while filing the complaint.
  • Time limit for complaint: Such complaint should be made within 3 months from the date the incident has taken place. These 3 months can be extended by another 3 months, if reasonable grounds are present.
  • Documents required: any document that can substantiate an allegation of sexual harassment such as text messages, emails, restaurant bills etc. shall be kept carefully to be used as evidence to prove the case.
  • Once the complaint is received by the ICC, the accused will be made aware of the allegations made against him and the name of the complainant.
  • Conciliation proceeding: After this the complainant will be provided with an opportunity to ask for conciliation proceedings, by communication with the accused, in the presence of the members of the Committee. However, no monetary relief is allowed in conciliation cases. The ICC will record the basis of the conciliation and provide copies of the settlement to the aggrieved employee as well as the accused.
  • In case the accused does not comply with the terms and conditions of the conciliation settlement, the aggrieved employee will still have an option to approach the ICC for proper enquiry of the incident.
  • However, in case the the complainant does not wish the matter to be settled by conciliation at all, the ICC will hold an enquiry into the matter and both the accused and the complainant will be questioned. Specific documents and witnesses may be called upon.
  • Time limit to complete investigation: The ICC shall complete the investigation within 3 months of the receipt of the complaint.
  • Shifting of complainant: During the process, the complainant may be shifted to another team or shift, or even assigned work from home, if practicable. Leave of appropriate duration may also be granted in case required.
  • Report of investigation: After a conclusion is drawn out of the investigation, the complainant and the accused will be provided with the report of investigation, within 10 days of the completion of the investigation.
  • Action against sexual harasser: In case it is concluded that the accused had sexually harassed as claimed, the accused may be subject to strict disciplinary action including transfers, compensations, withholding of promotions, suspension from employment, or even complete dismissal. Any further legal recourse could be sought by the complainant.
  • The complaint that one file with the ICCs or LCCs are also monitored by the National Commission for Women to ensure proper redressal.
  • False Complaint: if it is found by the ICC that the complainant has maliciously made a false complaint against the accused, disciplinary action could also be taken against the complainant. This action could amount to the same punishment that would have been levied on the accused had he been found guilty.


  • 2. SHe-Box:

    If one is dissatisfied or uncomfortable with the ICC, or if there is no ICC at the workplace, one can also post a complaint on the online portal created by the Ministry of Women and Child Development in 2013. Complaints via She-Box are filed directly to the ministry. The complaint can be made here (http://www.shebox.nic.in/), and one check the update on the complaint status as well.

  • Once She-Box receives the complaint, it would directly forward it to the ICC of appropriate or concerned ministry / PSU / departments / organizations.
  • It can also direct an organization to form an ICC or order it to function appropriately.


  • 3. Online Complaint to National Commission for Women:
  • One can even file an online complaint with the National Commission for Women. A broad platform is provided for filing a complaint as an alternative to other recourses.
  • One can log on to their website (http://ncw.nic.in/)and click on “Register Online Complaint”, or could directly go to their complaint page at http://ncw.nic.in/onlinecomplaintsv2/frmPubRegistration.aspx.


  • 4. Complaint with a Police Officer:
  • An FIR can be filed to a police officer at the nearest police station under Section 154 of the Code of Criminal Procedure.
  • The FIR will be registered as a “Zero FIR”, in case the police station is not the one of appropriate jurisdiction. If this is the case, it would be transferred to the appropriate jurisdiction, and hence no complaint of sexual harassment can go unaddressed.
  • At the police stations, the female victim should look out for “Rapid Response Desk for Women”, which will have a lady police officer. One can also directly approach a female police officer. In case no lady officer is present, a lady constable can be approached.
  • One can be accompanied by a family member or a friend, or a lawyer.
  • The complaint can be made by call or email.
  • One should always check the content of the complaint as noted by the police, to make sure that there are no discrepancies.
  • No sexual harassment complaint can be refused to be lodged by the police officer, since it is a cognizable offence. However, in case if the police officer still refuses to do so, one can complain to an officer of a higher rank, or to the District Judicial Magistrate under Section- 156(3) and Section- 190 of the CrPC, with the help of a lawyer.


  • How to avoid Sexual Harassment at workplace?
  • Females colleagues should be treated with respect.
  • Power and position shall not be used in a derogatory manner.
  • All behaviours with sexual undertones shall be avoided completely at offices, or at any place where such work takes place.
  • If desire is not reciprocated, professional connections outside of workplace should be avoided.
  • If a female employee / colleague shows the slightest hint of discomfort arising out of a conversation / behaviour / jokes by another colleague, it should be stopped completely.

POCSO Introduction
The Act defines a child as any person below eighteen years of age, and regards the best interests and well-being of the child as being of paramount importance at every stage, to ensure the healthy physical, emotional, intellectual and social development of the child. It defines different forms of sexual abuse, including penetrative and non-penetrative assault, as well as sexual harassment and pornography, and deems a sexual assault to be “aggravated” under certain circumstances, such as when the abused child is mentally ill or when the abuse is committed by a person in a position of trust or authority vis-à-vis the child, like a family member, police officer, teacher, or doctor. People who traffic children for sexual purposes are also punishable under the provisions relating to abetment in the Act. The Act prescribes stringent punishment graded as per the gravity of the offence, with a maximum term of rigorous imprisonment for life, and fine.

Under Section 44 of the Protection of Children from Sexual Offences (POCSO) Act and Rule 6 of POCSO Rules, 2012, the National Commission for Protection of Child Rights, in addition to its assigned functions, also mandated:

  1. To monitor in the implementation of Protection of Children from Sexual Offences (POCSO) Act, 2012;
  2. To monitor the designation of Special Courts by State Governments;
  3. To monitor the appointment of Public Prosecutors by State Governments;
  4. To monitor the formulation of the guidelines described in section 39 of the Act by the State Governments, for the use of non-governmental organisations, professionals and experts or persons having knowledge of psychology, social work, physical health, mental health and child development to be associated with the pre-trial and trial stage to assist the child, and to monitor the application of these guidelines;
  5. To monitor the designing and implementation of modules for training police personnel and other concerned persons, including officers of the Central and State Governments, for the effective discharge of their functions under the Act;
  6. To monitor and support the Central Government and State Governments for the dissemination of information relating to the provisions of the Act through media including the television, radio and print media at regular intervals, so as to make the general public, children as well as their parents and guardians aware of the provisions of the Act;
  7. To call for a report on any specific case of child sexual abuse falling within the jurisdiction of a CWC;
  8. To collect information and data on its own or from the relevant agencies regarding reported cases of sexual abuse and their disposal under the processes established under the Act, including information on the following:-
    • Number and details of offences reported under the Act;
    • Whether the procedures prescribed under the Act and rules were followed, Including those regarding timeframes;
    • Details of arrangements for care and protection of victims of offences under this Act, including arrangements for emergency medical care and medical examination; and
    • Details regarding assessment of the need for care and protection of a child by the concerned CWC in any specific case.
  9. To assess the implementation of the provisions of the Act and to include a report in a separate chapter in its Annual Report to the Parliament.

THE CRIMINAL LAW (AMENDMENT) ACT, 2018 NO. 22 OF 2018

What to do when you are arrested?

When a person does anything which is against the law, he/she may get arrested. In general sense, “arrest” means fear or restraint or deprivation of one’s personal liberty. Chapter V, Section 41-60 of criminal procedure code, 1973 deals with Arrest of a person. The purpose of arresting an alleged offender is to ensure that he does not tamper the evidence and is present at trial for which he has been charged.

Now, before we discuss what you need to do after you get arrested, let’s discuss the procedure of arrest.

Who can make an arrest as per the law?
In India, arrest can be made by all law enforcement officers- such as police officers, police constable, magistrate etc. whether they are on or off duty in most cases as per the legal provisions permitting such an arrest.

Can anyone besides police make an arrest?
Any private individual can arrest a proclaimed offender and any person who commits a non-bailable and cognizable offence. Any person who sees a person committing a criminal offence and they have a good reason to believe that the person committed an offence can make an arrest. As soon as the arrest is made they are required to take him/her to a police officer or a judge who is required to take him/her into the custody.

What is the procedure of arrest?
An arrest can be made with or without a warrant. Once an arrest warrant is issued, arrest can be made anytime. There is no time limit to make an arrest. If the person to be arrested does not submit to the custody through words or action then the person making the arrest can touch or confine the body of the person to be arrested. If the person is trying to evade the arrest or resisting it then the person making the arrest can use all possible means to arrest the person. Resisting an arrest is also a crime and you can be charged for misdemeanor along with the crime for which you are charged.

As per Section- 75 of the CrPC arrest warrant should be in writing, signed by the presiding officer and should have the seal of the court. The warrant should categorically state the name and address of the accused and offence under which arrest is to be made. The warrant is considered illegal if any of this information is missing.

In case if your name is not known then a “John Doe” warrant will be issued along with your description on it. When the police is carrying an arrest warrant, you must be allowed to see it. If the police is not carrying the warrant, you should be allowed to see it as soon as possible.

If someone’s name is mentioned in the FIR, the police must conduct a preliminary investigation before arresting such a person.

In case, where the police is executing a arrest warrant issued by the magistrate, there is no need to handcuff the person to be arrested. He may be handcuffed if the order from the magistrate explicitly states so. Further, the person who is so arrested should not be subjected to physical violence or inconvenience unless it is required to prevent his escape.

While arresting, the police officer must be wearing a clear, visible identification of his name. At the time of the arrest, a memo of arrest should be prepared and should be attested by at least one witness and should be countersigned by the person so arrested.

Can an arrest be made without an arrest warrant?
Police can also arrest without a warrant if the situation so demands as per Section 41 of CrPC. If the police believe that a fast action is needed to prevent a person from destroying or tampering evidence, escaping or endangering someone's life or seriously damaging property then they can make arrest without a warrant.

Rights of the arrested person

  1. Whether you are an Indian citizen or a non-citizen, you have certain rights when you are arrested as mentioned under the Constitution of India.
  2. The person so arrested has the right to inform his/ her family member, friend or relative as given under Section- 50 of CrPC.
  3. The person so arrested cannot be detained for more than 24 hours without being presented before a magistrate. This is done to prevent unlawful and illegal arrests.
  4. The arrested person has the right to be medically examined.
  5. You have the right to remain silent- You are not required to speak or confess anything in front of the police. Anything you say can be taken against you and hence you have the right to not say anything in front of the police.
  6. You have a right to have a lawyer when you are questioned. In case you are not able to afford a lawyer, a lawyer will be appointed to you by the government.
  7. Right to be informed about the charges- As per Section- 50 of CrPc and Constitution of India, the person accused of an offence needs to be informed about the offence and whether it is a bailable or non-bailable offence. Bailable offences are those in which getting a bail is the right of the accused, whereas in case of non-bailable offences bail is granted as per the discretion of the court.
  8. If you are arrested for a serious crime, you must contact a lawyer as soon as possible because a lawyer has a better understanding of what should be said before the police. The lawyer will also be able to assist you in getting bail.
  9. Special rules while arresting a female- suspect
    A female should only be arrested in presence of a lady constable and further no female can be arrested before sunrise and after sunset. There can be exceptions only when it is extremely urgent to arrest the person.

Introduction
In general terms, bail means the temporary release of a suspect in any criminal offence who is awaiting court trial after paying the bail bond. It becomes applicable after arrest and becomes effective from the moment of the arrest. An offence is any act or omission made punishable by law for the time being in force. When a suspect is arrested, his statement is taken on record and personal information such as his name, birthplace, present residential address, date of birth, profession, address of the family, mobile number, charges filed against him are noted. The police officer may also review the past criminal record if any in the police station and ask for his fingerprints to file a case against the accused.

Regular Bail

When a person commits a cognizable and non-bailable offence the police takes him in its custody. After the expiry of the period of police custody if any, the accused is sent to Jail. U/ss 437 and 439 Cr.P.C., such accused has a right to be released from custody. Regular bail, therefore means release of accused from custody to ensure his presence in the trial.

Provision
Under the Indian Criminal Law, there is a provision for release of an accused from custody. For non-heinous crimes, the Judicial Magistrate is empowered u/S 437 of the Code of Criminal Procedure 1973. Through an application, the accused himself or through his Counsel may request the Area Judicial Magistrate to release him on bail. The Magistrate issues a notice to the concerned Public Prosecutor. After hearing both the parties, the Magistrate may release the accused on bail.

Eligibility
When a person is arrested for the commission or suspicion of a crime for which the punishment is not death or imprisonment for life, such person may apply to the Area Magistrate for releasing him on bail. If the Court thinks it fit to release him on bail, it can pass such an order. After completing requisite formalities, the accused is released from jail.
Duties of the Court
While dealing with the matter of regular bail Duties of the Court include:

  • To maintain balance between the interest of victim and of accused
  • Shielding the society from misadventures of accused and
  • Presumption of innocence of accused till he is found guilty.

Considerations for grant or refusal of bail
While dealing with the matter of grant or refusal of regular bail, the Court is expected to consider, nature of offence, severity of the punishment in the event of conviction, danger absconding of accused, likelihood of the offence being repeated etc.[4]

Conditions
While releasing the accused on bail, the court imposes the following conditions upon him.
  • That such person shall attend in accordance with the conditions of bond executing under this chapter,
  • That such person shall not commit an offence similar to the offence which he is accused, or suspected, of the commission of which he is suspected, and
  • That such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

Cancellation
If after coming on bail, the accused violates the imposed conditions the Court may direct that such person be arrested and commit him to custody

Anticipatory bail
Under Indian criminal law, there is a provision for anticipatory bail under Section 438 of the Criminal Procedure Code. Law Commission of India in its 41st report recommended incorporating this provision in procedure code. This provision allows a person to seek bail in anticipation of an arrest on accusation of having committed a non-bailable offence.

On filing anticipatory bail, the opposing party is notified about the bail application and the opposition can then contest the bail application in court (public prosecutor can also be used to do this).

Anticipatory bail is a direction to release a person on bail, issued even before the person is arrested.

Eligibility
When any person apprehends that there is a move to get him arrested on false or trumped up charges, or due to enmity with someone, or he fears that a false case is likely to be built up against him, he has the right to move the court of Session or the High Court under section 438 of the code of Criminal Procedure for grant of bail in the event of his arrest, and the court may, if it thinks fit, direct that in the event of such arrest, he shall be released on bail.Anticipatory Bail can be granted by Sessions Court, High Court and Supreme Court.

Conditions

The High Court or the court of session may include such conditions in the light of the facts of the particular case, as it may think fit, including
  • a condition that the person shall make himself available for interrogation by the police officer as and when required;
  • a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer;
  • a condition that the person shall not leave India without the previous permission of the court.
If such person is thereafter arrested, and is prepared either at the time of arrest or at any time while in the custody of such officer to give bail, he shall be released on bail and the magistrate taking cognizance of such offence decides that warrant should be issued against that person, he shall issue a bailable warrant in conformity with the direction of the court granting anticipatory bail.[2] Supreme Court while dealing the case of Sidhram Mhetre, held certain conditions imposed by High Court to be not required & contrary to provisions of anticipatory bail.

Qualification
The applicant must show by disclosing special facts and events that he has reason to believe, that he may be arrested for a non-bailable offence so that the court may take care to specify the offence or offences in respect of which alone the order will be effective and it is not a blanket order covering all other offences.

Cancellation

An accused is free on bail as long as the same is not cancelled. The High Court or Court of Session may direct that any person who has been released on bail be arrested and commit him to custody on an application moved by the complainant or the prosecution.

Introduction Whistle Blowers Protection Act, 2014 is an Act in the Parliament of India which provides a mechanism to investigate alleged corruption and misuse of power by public servants and also protect anyone who exposes alleged wrongdoing in government bodies, projects and offices. The wrongdoing might take the form of fraud, corruption or mismanagement. The Act will also ensure punishment for false or frivolous complaints.

The Act was approved by the Cabinet of India as part of a drive to eliminate corruption in the country's bureaucracy and passed by the Lok Sabha on 27 December 2011. The Bill was passed by Rajya Sabha on 21 February 2014 and received the President's assent on 9 May 2014. Read More..

Offences:
Any act which is deemed as an offence by any law is an offence. Any act which causes a violation of the rights of others or causes harm to others and is so dangerous that also affects the society at large is designated as offence. Section 2(n) of CrPC defines an offence as: "Offence" means any act or omission made punishable by any law for the time being in force and includes any act in respect of which a complaint may be made under section 20 of the Cattle-trespass Act, 1871.

The offences committed by an accused fall under two categories:
1.Bailable offences
When any person accused for a bailable offence is arrested or detained without warrant by an officer in charge of a police station, or appears or is brought before a Court, and is prepared at any time while in the custody of such officer or at any stage of the proceeding before such Court to give bail, such person shall be released on bail.

In case of a bailable offence bail is a matter of right
If such officer or Court, thinks it fit such person maybe released on a personal bond without sureties. In case of bailable offence, one has to only file the bail bonds and no application is required.

Example:

  • • Being a member of an unlawful Assembly
  • • Rioting, armed with a deadly weapon
  • • Public servant disobeying a direction of the law with intent to cause injury to any person.
  • • Wearing Garb or carrying token used by public servant with fraudulent intents. • Bribery in relation to elections
  • • False statement in connection with elections
  • • Refusing oath when duly required to take an oath by a public servant
  • • Obstructing public Servant in discharge of his public functions
  • • Giving or fabricating false evidence in a judicial proceeding
  • • Selling any food or drink as food and drink, knowing the same to be noxious
  • • Causing a disturbance to an assembly engaged in religious worship


2.Non-bailable offences

In case a person is accused of a non-bailable offence it is a matter of discretion of the court to grant or refuse bail and application has to be made in court to grant bail.
1. When a person accused of, or suspected of, the commission of any non-bailable offence is arrested or detained without warrant by an officer in charge of a police station or appears or is brought before a Court other than the High Court or Court of Session, he may be released on bail, but –Provided that the Court may direct that a person referred to in clause (i) or clause (ii) as above, be released on bail if such person is under the age of sixteen years or is a woman or is sick or infirm: Provided further that the Court may also direct that a person referred to in clause (ii) be released on bail if it is satisfied that it is just and proper so to do for any other special reason: Provided also that the mere fact that an accused may be required for being identified by witnesses during investigation shall not be sufficient ground for refusing to grant bail if he is otherwise entitled to be released on bail and gives an undertaking that he shall comply with such directions as may be given by the Court.
• such person shall not be released if there appear reasonable grounds for believing that he has been guilty of an offence punishable with death or imprisonment for life.
• such person shall not be so released if such offence is a cognizable offence and he had been previously convicted of an offence punishable with death, imprisonment for life or imprisonment for seven years or more, or he had been previously convicted on two or more occasions of a non-bailable and cognizable offence :
2. If it appears to such officer or Court at any stage of the investigation; inquiry or trial, as the case may be, that there are not reasonable grounds for believing that the accused has committed non-bailable offence, but that there are sufficient grounds for further inquiry into his guilt, the accused shall, subject to the provision of section 446-A and pending such inquiry, be released on bail or, at the discretion of such officer or Court, on the execution by him of a bond without sureties for his appearance as hereinafter provided.
3. When a person accused or suspected of the commission of an offence punishable with imprisonment which may extend to seven years or more or of an offence under Chapter 6, Chapter 16 or Chapter 17 of the Indian Penal Code (45 of 1860) or abetment of, or conspiracy or attempt to commit, any such offence, is released on bail under sub-section (!), the Court may impose any condition which the Court considers necessary-
• in order to ensure that such person shall attend in accordance with the conditions of the bond executed under this Chapter, or
• in order to ensure that such person shall not commit an offence similar to the offence of which he is accused or of the commission of which he is suspected, or
• otherwise in the interests of justice.
4. An officer or a Court releasing any person on bail under sub-section (1) or sub-section (2), shall record in writing his or its reasons or special reasons for so doing.
5. Any Court, which has released a person on bail under sub-section (1) or sub-section (2), may, if it considers it necessary so to do, direct that such person be arrested and commit him to custody.
6. If, in any case triable by a Magistrate, the trial of a person accused of any non-bailable offence is not concluded within a period of sixty days from the first date fixed for taking evidence in the case, such person shall, if he is if custody during the whole of the said period, be released on bail to the satisfaction of the Magistrate, unless for reasons to be recorded in writing, the Magistrate otherwise directs.
7. If, at any time after the conclusion of the trial of a person accused of a non-bailable offence and before judgment is delivered, the Court is of opinion that there are reasonable grounds for believing that the accused is not guilty of any such offence, it shall release the accused if he is in custody, on the execution by him of a bond without sureties for his appearance to hear judgment deliver.

Example:
  • Murder (S.302) IPC
  • Dowry Death (S.304-B) IPC
  • Attempt to murder (S.307) IPC
  • Voluntary causing grievous hurt. (S.326) IPC
  • Kidnapping (S. 363) IPC
  • Rape (S. 376) etc.

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