FAQ's
1. When a Person can apply for Anticipatory Bail?
When any person apprehends that there is a move to get him arrested on false or trump up charges, or due to enmity with someone, or he fears that a false case is likely to be built up against him, He has the right to move the court of Session or the High Court under section 438 of the code of Criminal Procedure for grant of bail in the event of his arrest, and the court may, if it thinks fit, direct that in the event of such arrest, he shall be released on bail.
2. What are the conditions that are imposed by the Court?
The High Court or the Court of Session may include such conditions in the light of the facts of the particular case, as it may think fit, including: a condition that the person shall make himself available for interrogation by the police officer as and when required; a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer; a condition that the person shall not leave India without the previous permission of the court.
3. What are the rights of a person arrested?
A. PERSON ARRESTED TO BE INFORMED OF GROUNDS OF ARREST
Every police officer arresting without warrant shall communicate to the person being arrested, full particulars of the offence for which he is arrested or other grounds of arrest.
B. PERSON ARRESTED TO BE INFORMED OF RIGHT TO BAIL
Where a police officer arrests without warrant a person accused of a bailable offence, he shall inform the person arrested that he entitled to be released on bail and that he may arrange for surety on his behalf.
C. WHEN SEARCHED RECEIPT OF THE ARTICLES TAKEN TO BE GIVEN
Whenever a person is arrested but the person arrested cannot furnish bail, the officer making the arrest may search such person, and place in safe custody all articles, other than necessary wearing apparel found upon him and where any article is seized from the arrested person, a receipt showing the article taken in possession shall be given to such person.
D. PERSON ARRESTED TO BE TAKEN BEFORE MAGISTRATE OR OFFICER IN CHARGE OF POLICE STATION
A police officer making an arrest without warrant shall, without unnecessary delay and subject to the provisions for bail, take or send the person arrested before Magistrate having jurisdiction of the case, or before the officer in charge of a police station
4. What is a meaning of bailable offences?
The offences committed by an accused fall under two categories: Bailable Offences and Non - Bailable Offences.
In Bailable Offences, when any person accused for a bailable offence is arrested or detained without warrant by an officer in charge of a police station, or appears or is brought before a Court, and is prepared at any time while in the custody of such officer or at any stage of the proceeding before such Court to give bail, such person shall be released on bail.
5. What is summon? How the summon is served?
A summon is a court order to an individual to appear in court at a specified time and place. A summon may be issued in both criminal and in civil cases.
a. Every summon shall be served by a police officer, or by an officer of the court issuing it or any other public servant.
b. The summon shall if practical, be served personally on the person summoned, by delivering or tendering to him one of the duplicates of the summons.
c. Every person on whom a summon is served shall sign a receipt on the back of the other duplicate.
SERVICE WHEN PERSONS SUMMONED CANNOT BE FOUND
Where the persons summoned cannot be found, the summons may be served by leaving one of the duplicates for the person with some adult male member of the family residing with him, and the person with whom the summon is left, shall sign a receipt on the back of the duplicate. A servant is not a member of the family.
SUMMONS MAY BE SERVED BY POST TO A WITNESS
A court issuing summons to a witness may simultaneously direct a copy of the summons to be served by registered post addressed to the witness. When an acknowledgment purporting to be signed by the witness or an endorsement is made by the postal employee that the witness refused to take delivery of the summons has been received, the Court issuing the summons may declare that the summons has been duly served. In case the service of summons is evaded the court may issue bailable or non-bailable warrants.