Can magistrate cancel the bail in bailable offence under section 436 of the code of criminal procedure? A bail was granted by the magistrate under section 436 crpc but after two months he cancelled that bail. That bail has been cancelled on the basis that the accused...
Procedure of discharging surety in criminal case
Procedure of discharging surety in a criminal case if one of the sureties want to free from the obligation. My relative was given surety in my bail. A false criminal case was lodged against me by the neighbour. In that case the charge sheet was filed and I took bail...
False case of theft and arrest: how to move bail application?
How can an individual, arrested for theft in a house despite a lack of prima facie evidence, challenge the legality of their arrest and secure release pending trial? Specifically, given this evidentiary deficit, what legal recourse is available beyond challenging the...
Article 22(2) of the Indian Constitution
Article 22(2) of the Indian Constitution is a fundamental right that provides crucial safeguards to individuals who are arrested or detained. It is part of the broader protections under Article 22, which deals with the rights of arrested persons....
Process of arrest and legal safeguards for arrested person
In India, the process of arrest and the legal protections afforded to an arrested person are governed by the Constitution of India, the Code of Criminal Procedure (CrPC), 1973, and various judgments of the Supreme Court and High Courts. Below is an overview...
Section 57 of the Code of Criminal Procedure 1973
Section 57 of the Code of Criminal Procedure (CrPC), 1973, is a crucial provision that safeguards the rights of an arrested person by limiting the time they can be detained in police custody without being produced before a magistrate. Here are the key details...
Can arrested person seek anticipatory bail?
Can an arrested person seek anticipatory bail in another case when he is in judicial custody? My husband has been arrested in a forgery case while three more cases are registered against him. Police officers are trying to rearrest him when he gets bail from the court....
Legal safeguards during arrest
Indian criminal law provides several legal protections to an accused at the time of arrest to ensure their fundamental rights are safeguarded. These provisions are codified primarily under the Code of Criminal Procedure, 1973 (CrPC) and, more recently, the Bhartiya...