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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."
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).
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 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 ...
Generally, a person charged with a non-capital crime can be expected to be granted bail. Some states have enacted statutes modeled on federal law that permit pretrial detention of persons charged with serious violent offenses, if it can be demonstrated that the defendant is a flight risk or a danger to the community. [26]
In general non-cognizable offences are bailable and placed under First Schedule of Indian Penal Code (IPC). On 12 November 2013, the Supreme Court of India said it was mandatory for the police to register a First Information Report for all complaints in which a cognizable offence has been discovered. [6]
However, the English Bill of Rights did not determine the distinction between bailable and non-bailable offenses. Thus, the Eighth Amendment has been interpreted to mean that bail may be denied if the charges are sufficiently serious. The Supreme Court has also permitted "preventive" detention without bail. In United States v.
Instead of tinkering with the PCRA, the parliament of India passed a new legislation to explicitly prevent offences against the scheduled communities by members of non-scheduled communities, that would set up speedy justice, monitoring, accountability, relief, and rehabilitation mechanisms. The Scheduled Castes and the Scheduled Tribes ...