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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).
[16] 18 U.S.C. § 3142(f) provides that only persons who fit into certain categories are subject to detention without bail: persons charged with a crime of violence, an offense for which the maximum sentence is life imprisonment or death, certain drug offenses for which the maximum offense is greater than 10 years, repeat felony offenders, or ...
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 ...
Generally, cognisable offence means an offence in which a police officer has the authority to make an arrest without a warrant and to start an investigation with or without the permission of a court. 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 ...
Offense classes Type Class Maximum prison term [1] Maximum fine [2] [note 1] Probation term [3] [note 2] Maximum supervised release term [4] [note 3] Maximum prison term upon supervised release revocation [5] Special assessment [6] [note 4] Felony A Life imprisonment (or death in certain cases of murder, treason, espionage or mass trafficking ...
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]
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]