What Is Bailable & Non Bailable Offences In India? - Amish Aggarwala | Raj Shamani Clips

Summary

The video explains the concepts of bailable and non-bailable offenses in Indian law, highlighting their implications for arrests and bail. A bailable offense allows immediate bail from the police upon arrest, while a non-bailable offense gives police discretion over whether to arrest. Individuals anticipating arrest can apply for anticipatory bail, which enables them to avoid custody if granted. The approval process for anticipatory bail can vary in duration. The speaker underscores the complexities of the legal system, advising viewers on navigating bail applications and the importance of being prepared for potential arrests.

Takeaways

• 😀 The terms 'bailable' and 'non-bailable' offenses are often misunderstood; bailable offenses allow for immediate bail, while non-bailable offenses depend on police discretion for arrest.
• 🤔 A bailable offense means the accused can be released on bail right after being arrested on paper.
• 🔍 In non-bailable cases, the police have the authority to decide whether to arrest someone or not, even for serious offenses like murder or rape.
• ⚖️ If a person anticipates arrest in a non-bailable case, they can apply for anticipatory bail to avoid being taken into custody.
• 📜 Anticipatory bail ensures that if police come to arrest, they must grant bail immediately, preventing custody.
• ⏳ The approval time for anticipatory bail can vary; it may be granted the same day or take several months.
• 🕵️‍♂️ If anticipatory bail is not granted and police arrest the individual, they will first be in police custody and then judicial custody until the court decides on bail.
• 🏛️ If anticipatory bail applications are dismissed in lower courts, one can appeal to higher courts for a chance of approval.
• 👮‍♂️ Individuals may be advised to surrender if all bail applications are denied, followed by applying for regular bail while in custody.
• 📺 For more legal insights and information, viewers are encouraged to subscribe to the channel for similar content.

Q & A

What is the main distinction between bailable and non-bailable offenses?

The main distinction is that in bailable offenses, the arrested person can be released on bail, whereas in non-bailable offenses, bail is not guaranteed and is at the discretion of the police or court.

What does it mean for an offense to be bailable?

A bailable offense means that after an arrest, the police can grant bail immediately, allowing the accused to be released by signing an undertaking to appear in court when required.

How does the police's authority differ between bailable and non-bailable offenses?

In bailable offenses, police are required to grant bail upon arrest; in non-bailable offenses, they have the discretion to decide whether to arrest or not, regardless of the seriousness of the offense.

What steps can a person take if they anticipate being arrested for a non-bailable offense?

If a person anticipates arrest for a non-bailable offense, they can apply for anticipatory bail, requesting the court to direct police to grant bail at the time of arrest.

What happens if anticipatory bail is not granted?

If anticipatory bail is not granted, and the police arrest the individual, they may have to spend time in custody, and only the court can grant them bail afterwards.

How long does it usually take to get anticipatory bail approved?

The approval for anticipatory bail can vary; it can be granted on the same day or take several months depending on the case and court processes.

What should a person do if their anticipatory bail application is dismissed by the sessions court?

If the sessions court dismisses the anticipatory bail application, the person can appeal to the High Court or even the Supreme Court for a reconsideration of their request.

What is meant by 'judicial custody'?

Judicial custody refers to the situation where an individual is held in custody by the court after being arrested, as opposed to police custody.

Can a police officer grant bail in a non-bailable offense?

No, once arrested in a non-bailable offense, the police do not have the authority to grant bail; only the court can grant bail in such cases.

What are the implications of being labeled as a 'fugitive' in the context of non-bailable offenses?

If a person avoids arrest in a non-bailable offense and is subsequently labeled a fugitive, it can complicate their legal situation and may lead to more severe consequences.