Podcast
Questions and Answers
What steps can a person take if they believe they may be arrested on a non-bailable offence?
What steps can a person take if they believe they may be arrested on a non-bailable offence?
They can apply to the High Court or the Court of Session for a direction to obtain bail in case of arrest.
What conditions may the High Court or the Court of Session impose when granting bail?
What conditions may the High Court or the Court of Session impose when granting bail?
Conditions may include availability for police interrogation, prohibition of influencing witnesses, and not leaving India without permission.
What must happen if a person, after receiving bail directions, is arrested and offers bail?
What must happen if a person, after receiving bail directions, is arrested and offers bail?
They must be released on bail if they are prepared to give bail at the time of arrest or during custody.
What is the role of the Magistrate when a warrant is issued following a non-bailable arrest?
What is the role of the Magistrate when a warrant is issued following a non-bailable arrest?
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Which cases are excluded from the bail provisions discussed in the section?
Which cases are excluded from the bail provisions discussed in the section?
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Study Notes
Pre-Arrest Bail
- Individuals facing potential arrest for non-bailable offenses can apply to the High Court or Court of Session for a pre-arrest bail direction.
- The Court may issue a direction for release on bail if deemed appropriate, considering the specific case details.
- The bail direction can include conditions such as mandatory interrogation by police officers, restrictions on influencing witnesses, and prohibiting travel outside India without court approval.
- Other conditions may be imposed, mirroring those applicable under Section 480 of the relevant code.
Post-Arrest Bail
- If a person is arrested without a warrant based on an accusation of a non-bailable offense, and is willing to provide bail, they must be released.
- If a Magistrate decides to issue a warrant for the offense, it must be a bailable warrant aligned with the pre-arrest bail direction.
Exclusions
- This pre-arrest bail provision does not apply to arrests related to offenses under Section 65 and sub-section (2) of Section 70 of the Bharatiya Nyaya Sanhita, 2023.
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Description
This quiz explores the principles of pre-arrest and post-arrest bail procedures, focusing on non-bailable offenses. Participants will learn about the conditions under which courts may grant bail, as well as the exclusions from these provisions. Test your knowledge on the legal definitions and requirements for obtaining bail in India.
