Criminal Law & Bail FAQs

Bailable offences are less serious crimes where the accused has a legal right to be released on bail, usually granted by the police officer or court. Examples include simple hurt (Section 323 IPC) and public nuisance. Non-bailable offences are more serious crimes like murder, rape, or dowry death, where bail is not a matter of right and is granted at the discretion of the magistrate. The nature of the crime, severity, and criminal history are considered before granting bail in such cases.

An FIR (First Information Report) is lodged at the nearest police station where the offence occurred. It must include the name and address of the complainant, details of the crime, and names of accused if known. Under Section 154 CrPC, the police must register an FIR for cognizable offences. It can be filed in writing or verbally (which is then written down and read to the complainant). A copy of the FIR must be provided free of cost.

For non-bailable offences, the accused must approach a magistrate or sessions court for bail through a lawyer. The court considers factors like nature of the crime, evidence, risk of fleeing, and prior criminal record. In serious offences (like murder or rape), the accused must satisfy the court that bail will not obstruct justice. The court may impose conditions such as passport surrender, regular attendance, or surety bond.

Yes. For cognizable offences (like murder, rape, or theft), police can arrest without a warrant as per Section 41 of CrPC. For non-cognizable offences (e.g., defamation, public nuisance), they must seek prior permission from the magistrate. Even in warrantless arrests, the police must inform the accused of the grounds of arrest and produce them before a magistrate within 24 hours.

Anticipatory bail is granted under Section 438 CrPC to protect an individual from arrest in a non-bailable offence. It can be applied for if a person believes they may be falsely implicated or arrested. The application is made to the Sessions Court or High Court. If granted, the police cannot arrest the person without first getting permission from the court. It is commonly used in dowry, business fraud, or property disputes.

Yes. Under Section 482 of CrPC, the High Court can quash an FIR if it finds that the allegations do not constitute a criminal offence, are false, or are filed with malicious intent. FIRs can also be quashed in mutual settlement cases (like matrimonial disputes). The court examines whether continuing investigation serves justice or causes abuse of legal process.

An arrested person has several rights under Indian law: the right to remain silent, right to consult a lawyer, right to be informed of grounds of arrest, right to be produced before a magistrate within 24 hours, and protection from torture in custody. Article 22(1) of the Constitution and Sections 41–60A of CrPC outline these safeguards. The accused also has the right to free legal aid and to inform a relative or friend about the arrest.

A charge sheet is a police report submitted under Section 173 of CrPC after completion of investigation. It contains details of the offence, evidence, witness statements, and the list of accused to be prosecuted. It must be filed within 60 to 90 days depending on the nature of the offence. The court takes cognizance and starts trial only after the charge sheet is submitted.

A cognizable offence is one in which police are empowered to register an FIR, investigate, and arrest without prior approval from a magistrate. These are usually serious crimes like murder, rape, kidnapping, or robbery, punishable with imprisonment of 3 years or more. Section 2(c) of CrPC defines these offences. Police have more autonomy in cognizable cases due to urgency and public safety concerns.

Filing a false FIR is a criminal offence under Section 182 and Section 211 of the IPC. It can lead to imprisonment up to 7 years and/or fine, depending on the gravity of the false accusation. The person wrongly accused may also file a defamation or malicious prosecution case against the complainant. Courts discourage false complaints as they waste judicial time and harm the innocent.