Bail Law & Procedure – With Special Tips to Avoid Harassment by Police

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Bail Law & Procedure – With Special Tips to Avoid Harassment by Police

Author Garima Chauhan and Shriniwas Gupta
Publication Date 2021
ISBN 50.005
Format Hardcover
Publisher WHITESMANN 

 

The notion of fair trial and justice for each accused, the avoidance of any delay in trial and investigation that may adversely affect at the societal as well as individual level and ensuring fairness and justice to the lower and less able sections of the society have been the primary objectives underlying the Indian Criminal Procedure Code, 1973. The criminal justice system also focuses on safeguarding from the abuse of power by the judiciary and the prosecution, providing procedural protections, guaranteeing rights to the accused. This book on the Law of Bails, has been designed, keeping in mind the same principles of justice and attempts to provide a clear and comprehensive understanding on the procedure for bail under the Indian criminal Law. At a primary stage in this work, the book was discussed to be named 'FIR, Arrest and Bail', however, the fact that bail and relating laws have no existence of their own in the absence of FIR and arrest, led to the book being recalled as 'Law of Bails', encompassing both, the concept of FIR as well as arrest. Each chapter of the book comprises of statutory provisions with explanation and notes followed by relevant case laws. It also encloses brief conclusions with references to provide precise inferences for the readers. 

A bail should be taken to mean release of a person from legal custody and conceptually it is understood as a right of assertion of freedom against the state-imposed restraints. It has found a place and scope under the United Nations Declaration of Human Rights, 1948. The word bail is derived from an old word 'Baylor' which means to give or to deliver, while another view is that its derivation from the Latin term bearer that signifies to 'bear a burden'. The Wharton's law lexicon defines 'bail/, as 'to set at liberty a person arrested or imprisoned on security being taken for his appearances'. The term 'bail' like 'FIR' has not been defined under the Cr.P.C., 1973.

TABLE OF CONTENTS Of Bail Law & Procedure – With Special Tips to Avoid Harassment by Police

PART - I : First Information Report (FIR) & Investigation [CrPC Ss. 154 to 176]

  • Information of The Offences
  • Meaning
  • Essential Elements
  • Objectives
  • Information Regarding Commission of Offences [CrPC Ss. 154 & 155]
  • Commission of Non-Cognizable Offence (S. 155)
  • Procedure of Filing FIR
  • Authorised Person and Place for Filing FIR
  • Kinds of FIR
  • Delay In Filing Of FIR
  • Refusal by Police to lodge FIR
  • Evidentiary Value of FIR
  • Quashing of FIR
  • Difference Between An FIR & Police Complaint
  • Investigation of Cognizable Offence [Ss. 156 to 159]
  • Meaning
  • Power of Police to Investigate the Cognizable Offence (S. 156)
  • Procedure of Investigation (S. 157)
  • Submission of Police Report (S. 158)
  • Preliminary Enquiry by The Magistrate (S. 159)
  • Attendance, Examination & Statements of Witness [Ss. 160 to 164A]
  • Miscellaneous Provisions (Ss. 165 to 168)
  • Final Stage of Investigation (Ss. 169 to 176)
  • Investigation, Inquiry and Trial 

PART - II : Arrest [Ss. 40 to 60A & 151 of CrPC]

  • Introduction
  • Meaning, Definition & Elements
  • Purpose of Arrest [S. 41A]
  • Authorised Persons To Make An Arrest 
  • Kinds of Arrest
  • Exemption From Arrest [S. 45]
  • Procedure/ Mode of Arrest [CrPC S. 46]
  • Powers of Police During Arrest - Misuse of Power
  • Misuse of Power of Arrest
  • Establishment of Control Room At Districts [S. 41C]
  • Arrest To Be Made Strictly According To The Code [S. 60A]
  • Duties of Police Officer
  • Rights of Arrested Person
  • Special Provisions Of CrPC Regarding Arrest

PART - III : Bail & Bonds [(Ss. 436 to 450 of CrPC) (Also Some Cases u/s 167 & 482)]

  • Introduction & Meaning
  • Release on Personal Bond
  • Object
  • Classification of Offences Regarding Bail
  • Authorities, Stages and Procedure To Apply
  • Kinds of Bail
  • Conditions For Grant of Bail
  • Anticipatory Bail (S. 438)
  • Special Powers of Court Regarding Bail (S. 439)
  • Cancellation of Bail
  • Bonds and Sureties [CrPC Ss. 440 to 450]
  • Bonds
  • Scope and Object
  • Procedure
  • Forfeiture and Cancellation of Bail Bond (Ss. 446, 446 A, 447 and 449)
  • Sureties 
  • Conclusion

PART - IV : Statutory Provisions

  • Part I : First Information Report (FIR) & Investigation [ Ss. 154-176 of CrPC ]
  • Part II : Arrest [ Ss. 40 to 60A & 151 of CrPC ]
  • Part III : Bail & Bonds [( Ss. 436 to 450 of CrPC ) (Also Some Cases u/s 167 & 482)]

PART - V : The First Schedule - Classification of Offences [Offences Under The Indian Penal Code]

  • I. Offences Under The Indian Penal Code
  • II. Classification of Offences Against Other Laws
  • References



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