UNDER WHAT CIRCUMSTANCES A PERSON CAN BE GRANTED BAIL
One must move strategically with utmost caution and take steps keeping in mind whether an offense is a bailable offense or a non-bailable offense.
Getting a bail can be a tedious task when it comes to offenses such as Forgery, Murder, Rape, Dowry Death, kidnapping, criminal breach of trust, causing grievous hurt, attempt to murder, or half murder.
In case you apprehend an arrest for the cases cited above, immediately contact a good criminal lawyer, and apply for anticipatory bail. In cases where anticipatory bail can’t be granted, ask your criminal lawyer to seek interim protection. This shall help you seek bail in the future.
You always have an option to go for an Appeal in the High Court in case your bail is rejected by the lower court. To avoid any such situation, it is always better to seek guidance from the best criminal lawyer from the beginning itself.
Types of Bail
1. Anticipatory Bail
An Anticipatory bail is filed u/s 438 of CrPC. It is commonly known as pre-arrest bail. A person who is apprehending arrest, can file and seek the same from the Court of law.
2. Regular Bail
A regular bail is applied before the Sessions Court or the High Court. One can apply for a regular bail only after the arrest is made.
RIGHTS OF AN ARRESTED PERSON IN CASE OF A CRIMINAL CASE
1. The Right to remain silent.
2. The Right not to be detained for more than 24 hours without judicial scrutiny.
3. The Right to know/ask about the grounds of arrest.
4. The Right to get bail.
5. The Right to consult a legal practitioner.
6. The Right to be examined by a doctor.
7. The Right to inform a relative/friend.
8. The freedom to communicate with the magistrate.
9. The Right of the accused to produce the Evidence.
The above rights of an arrested person are ensured and protected by law and no one shall take away your rights from you. Right number 5(The right to consult a legal practitioner), is of vital importance as it will create the basis of your case.
AIMPORTANT STAGES OF A CRIMINAL CASE
OFFENSES AND PUNISHMENTS UNDER THE INDIAN PENAL CODE
1. Capital Punishment
Punishment of Death is commonly known as capital punishment. There are various offenses under the IPC which provides ‘death’ as the maximum punishment. Few offenses are enlisted below:
- Section 121 IPC; Waging or attempting to wage war against the Government of India
- Section 302, IPC; Punishment for Murder
- Section 305, IPC; Abetment of suicide of child or insane person
- Section 364A, IPC; kidnaping for ransom
- Section 396, IPC; Dacoity with Murder
2. Imprisonment for Life
Imprisonment for life is a punishment wherein an accused convicted of a crime has to remain in prison until he is alive or pardoned. In its natural sense, it means imprisonment for the remaining years of life.
Imprisonment can be simple imprisonment or rigorous imprisonment. Depending upon the severity of the offense, the Court issues such imprisonment.
- Section 194, IPC; Giving or fabricating false evidence with intent to procure conviction of capital punishment
- Section 449, IPC; House-trespass in order to commit offense punishable by death
4. Forfeiture of Property
- Section 126, IPC
- Section 127, IPC
Imposition of fine for the wrongs committed under various sections of the IPC.
THE LIST OF FACILITIES PROVIDED BY THUKRAL LAW ASSOCIATES
- Providing legal assistance in filing police complaints/registration of FIR/ criminal complaint: It is a vital part of a criminal case as it will decide the basis of your case further.
- Section 154 of Cr. P.C: It deals with filing a criminal complaint before the Police station.
- Providing representation in Anticipatory bail and regular bail u/s 438 and 437 of Cr. P.C.
- Assistance in filing/ defending in matters of section 138 of N.I.Act before a magistrate.
- Filing/ representing in petitions under section 482 of Cr. P.C.
- Presenting arguments under various sections/provisions of Criminal Complaints of the Indian Penal Code.
- Protecting clients from acts such as fraud and cheating in regard to the Companies Act.
- Presenting representation/ filing matters of Revision, Criminal Writ with regard to acquittal and conviction.
- Providing legal assistance in cases of Murder u/s 300 of The Indian Penal Code.
- Providing legal assistance in matters of Dowry Death u/s 304b of The Indian Penal Code.
Can I defend myself in my criminal case?
Yes. You can defend yourself in your case but appointing a legal expert will help you better dispose of your case.
Do I have the right to meet my lawyer if accused of a criminal case?
Yes. Meeting and consulting your lawyer is your right.
Is it mandatory for a person who is charged with a crime to give bodily samples?
Yes. You might think that being forced to give bodily samples—such as blood, hair, or fingernail clippings—is a violation but it’s mandatory.
Who can arrest me?
All Law enforcement officers such as police officers, county sheriff officers, district attorneys, and highway patrol officers can arrest you on or off duty in most cases.
Can I get Bail for a non-bailable offense?
Yes. A person arrested for a non-Bailable offense can also apply for Anticipatory bail u/s 438 of Cr. P.C.
Who maintains the arrest records?
Local and State Police departments keep the records.
When can I be released?
If the police officer is convinced after the questioning that you have not committed the crime.
Can someone other than a police officer arrest me?
Yes. If they give a valid reason for doing it.
Can I make a call to my friend/relative after being arrested?
Yes. That’s your fundamental Right.