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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 ...
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).
In 1966, Congress enacted the Bail Reform Act, which expanded the bail rights of federal criminal defendants by giving non-capital defendants a statutory right to be released pending trial, on their personal recognizance or on personal bond, unless a judicial officer determined that such incentives would not adequately assure the defendant's appearance at trial.
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There is no definition of the term "bail" under the code though the terms "bailable" and "non-bailable" have been defined. [5] It has however been defined by the Black's Law Lexicon as security for the appearance of the accused person on giving which he is released pending trial or investigation [ 6 ]
Eventually, the Petition of Right of 1628 asserted that the king did not have such authority. Later, technicalities in the law were exploited to keep the accused imprisoned without bail even where the offenses were bailable; such loopholes were for the most part closed by the Habeas Corpus Act 1679. Thereafter, judges were compelled to set bail ...
"Culpable homicide not amounting to murder" is punishable under section 304 of IPC [4] of the Indian Penal Code. It is a non bailable charge with imprisonment up to 10 years with or without fine. It is a non bailable charge with imprisonment up to 10 years with or without fine.
By contrast, in the case of a non-cognisable offence, a police officer does not have the authority to make an arrest without a warrant and an investigation cannot be initiated without a court order. The police can file a first information report (FIR) only for cognisable offences. In cognizable cases police can make an investigation without ...