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Denotified Tribes [1] are the tribes in India that were listed originally under the Criminal Tribes Act of 1871, [2] as Criminal Tribes and "addicted to the systematic commission of non-bailable offences."
Under these acts, ethnic or social communities in India were defined as "addicted to the systematic commission of non-bailable offences" such as thefts, and were registered by the government. Adult males of the groups were forced to report weekly to local police, and had restrictions on their movement imposed. [23] [24]
The Supreme Court of India can and has from time to time made certain bailable offences, non-bailable or vice-a-versa by special directions, to curb increasing menace of certain crimes in the society. [8] The State Government has the power to make certain offences bailable or non-bailable in their respective States. [9]
The Code of Criminal Procedure, 1973 does not define bail, although the terms bailable offence and non-bailable offence have been defined in section 2(a) of the Code. A Bailable offence is defined as an offence which is shown as bailable in the First Schedule of the Code or which is made bailable by any other law, and non-bailable offence means ...
Under section 66(1) of the Criminal Procedure Code, a citizen's arrest may be performed under two conditions: that the offense must have been committed in the view or presence of the individual making the arrest, and that the offense must be an arrestable and non-bailable offense (an offense for which a police officer may make an arrest without ...
This offence is a non-bailable offence and no bail can be granted by the court for anyone charged under section 7(1). During the court trial, the burden of proving the existence of lawful purpose will be lied upon the accused , not the prosecutor .
This provision allows a person to seek bail in anticipation of an arrest on accusation of having committed a non-bailable offence. [2] 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).
Section 295A is a cognisable, non-bailable, and non-compoundable offence. [3] Legal experts consider Section 295A a controversial provision. They believe that there are good legal arguments for the court to revisit and consider overruling the constitution bench judgement in Ramji Lal Modi v. State of UP. [3]