Absconding Accused, An Omnipresent Phenomenon
From time immemorial, the tendency of an accused person to ‘flee away from justice’ has plagued the Criminal Justice Administration System. With the advent of technology, the world has shrunk, and the ease in which an accused person vanishes into…
ANTICIPATORY BAIL – A MISNOMER
The expression ‘anticipatory bail’ has not been defined in the Code. But as observed in Balchand Jain v. State of M.P.[1], anticipatory bail means a bail in anticipation of arrest. The expression ‘anticipatory bail’ is a misnomer inasmuch as it is…
BAIL OR JAIL? – THE BLURRED AREA OF CRIMINAL JUSTICE SYSTEM
“Bail” remains an undefined term in the CrPC. Nowhere else the term has been statutorily defined. Conceptually, it continues to be understood as a right for the assertion of freedom against the State imposing restraints. Since the UN Declaration of…
LAW RELATING TO CANCELLATION OF BAIL
Under the scheme of the Code, there is no scope for filing an appeal against the order of grant of bail and only an application seeking cancellation of bail can be filed. The expression ‘appeal in respect of an order…
DEFAULT BAIL- AN OVERVIEW
Sec. 167, CrPC deals with default bail. Sec. 167, CrPC in its present form reads as follow: Procedure when investigation cannot be completed in twenty-four hours- (1) Whenever any person is arrested and detained in custody, and it appears that…
DISCHARGE OF AN ACCUSED IN A CRIMINAL TRIAL
Discharge is one of the reliefs available to a victim of a baseless prosecution at the primitive stage of a trial. Though it is the solemn duty of the Court to suo-motu discharge the accused when no prima facie case…
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