What is US 438 of Cr PC?
Section 438(1) lays down “when any person having a reason to believe that he may get arrested for a non-bailable offence then he can apply for anticipatory bail to the High Court or the Court of session and it is at the discretion of the Court that whether they want to give the bail or not”.
What IPC 438?
—Whoever commits, or attempts to commit, by fire or any explosive substance, such mischief as is described in the last preceding section, shall be punished with 1[imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
What is Cr PC in law?
Procedure for administration of substantive criminal laws. Status: Amended. The Code of Criminal Procedure commonly called Criminal Procedure Code (CrPC) is the main legislation on procedure for administration of substantive criminal law in India. It was enacted in 1973 and came into force on 1 April 1974.
What is the duration of anticipatory bail?
As regards the second question referred to this Court, it is 6 Page 7 held that the life or duration of an anticipatory bail order does not end normally at the time and stage when the accused is summoned by the court, or when charges are framed, but can continue till the end of the trial.
How long will it take to get bail?
Dear, Generally it will take between 7 to 15 days max to get the bail either of the way it can be allowed or dismissed basing on the facts in FIR and other parameters.
Can a person get anticipatory bail?
Anticipatory bailis granted under Section 438 of the Criminal Procedure Code when a person has the apprehension of arrest in criminal cases. Bail is a legal relief that a person may be entitled to in order to get temporary freedom until final judgment has been passed in his case.
Who can grant bail under section 438 CRPC?
(1) When any person has reason to believe that he may be arrested on an accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Session for a direction under this section; and that Court may, if it thinks fit, direct that in the event of such arrest, he shall be released on …
What IPC 406?
Section 406 in The Indian Penal Code. 406. Punishment for criminal breach of trust. —Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
How many CPC are there in India?
158 sections
The Code of Civil Procedure, 1908 is a procedural law related to the administration of civil proceedings in India. The Code is divided into two parts: the first part contains 158 sections and the second part contains the First Schedule, which has 51 Orders and Rules.
Can police cancel anticipatory?
Police cannot cancel the bail granted by the court. It can be cancelled only by the court. Only High court and District court have power to grand Anticipatory bail. Police cannot cancel the bail granted by the the said court.
How long is bail valid for?
The order granting regular bail would continue till the conclusion of trial until and unless the conditions required to be complied with for grant of bail are not violated or some new non bailable section is added to the FIR during investigation.
How does Section 438 of the Code of Criminal Procedure work?
Section 438 of the Code of Criminal Procedure empowers the High Court and the Court of session to grant anticipatory bail, i.e., a direction to release a person on bail issued even before the person is arrested. Section 438 of the Code of Criminal Procedure provides that:
What is the purpose of Section 438 of the CrPC?
Section 438 is a procedural provision which is concerned with the personal liberty of an individual who is entitled to plead, innocence, since he is not on the date of application for exercise of power under Section 438 of the Code convicted for the offence in respect of which he seeks bail.
Is there a warrant for reading into Section 438?
There is no warrant for reading into Section 438, the conditions subject to which bail can be granted under Section 437 (1) of the Code and therefore, anticipatory bail cannot be refused in respect of offences like criminal breach of trust for the mere reason that the punishment provided for is imprisonment for life.
Which is the bail format under Section 438?
The bail format under Section 438 of the Code of Criminal Procedure is filed before the Sessions Court at first. The bail format India under Section 438 of the Code of Criminal Procedure is to be signed by the accused or the applicant of the bail.