If someone you know has been arrested for a criminal offence, you will probably be thinking about how to get them out of the custody of the police as soon as possible. You might be familiar with the term bail from watching crime and punishment dramas – it is this legal term that will come in useful in this case.
In this blog, we will explore the process of bail and remand in Indian criminal law as we try to navigate these judicial processes at the scene of Indian crime and punishment effectively.
Bail is a legal term that is used to refer to the release of an accused person from police custody. It can only be granted on the condition that they put up some kind of collateral as a guarantee that they will appear before the court when required. This can take the form of a deposit of a certain amount of money or property.
Bail can be granted by either the police or the court, and the specifics of this legal process that cheats the pre-judgement, police custody aspect of crime and punishment is dependent on the nature and stage of the case.
There are two main types of bail in India: regular bail and anticipatory bail.
The most common type of bail in the Indian scene of crime and punishment, regular bail can be obtained by an accused person already in police custody, either after arrest or during the trial. Regular bail can be applied before the magistrate or the sessions court, depending on the gravity or seriousness of the offence. Courts will consider various factors before granting a regular bail, such as:
- The nature and seriousness of the offence
- The likelihood of the accused absconding or tampering with evidence
- The criminal antecedents of the accused,
- The personal circumstances of the accused, such as age, health, family, etc.
The court has the power to impose various conditions on a regular bail, such as:
- Reporting to the police station regularly
- Surrendering their passports
- Refraining from contacting witnesses, etc.
This type of bail is useful for accused people who know they are going to be or might be arrested for a non-bailable offence. You can ask the best law firm in Chandigarh to apply for an anticipatory bail on your behalf, before the sessions court or the high court, before or after an FIR is registered.
Courts consider similar factors of crime and punishment for anticipatory bail as in regular bail but are also free to impose additional conditions before granting anticipatory bail as they see fit. Anticipatory bail is usually valid until the end of the trial unless the court cancels it for some reason.
Remand is a legal term that can be considered the opposite of bail in the scene of Indian crime and punishment law – the detention of an accused person in custody pending investigation or trial. A remand can be ordered by either the police or the court, depending on which stage the case is at currently.
There are two main types of remand in India: police remand and judicial remand.
A magistrate orders a police remand in Indian crime and punishment, after examining its grounds and necessity.This processis initiated by the police when they seek custody of an accused person for interrogation or investigation. However, there are certain conditions that bind a police remand:
- It can only be granted for a maximum period of 15 days in total, and
- It cannot exceed 24 hours at a time
- The magistrate will ensure that the accused person is produced before him/her every 24 hours, and also not subjected to any torture or ill-treatment by the police.
A magistrate examines whether there is sufficient evidence against the accused person for this type of remand and then grants a judicial remand. Judicial remands are ordered when the accused is not required for further interrogation or investigation by the police but the trial has yet to commence or conclude. There exist certain conditions for a judicial remand too:
- Judicial remand can be granted for 90 days for offences punishable with death or life imprisonment, and 60 days for other offences.
- The magistrate has to ensure that the accused person is given an opportunity to apply for bail.
If you or someone you know are facing arrest or detention for crime and punishment, here are some steps you can take to protect your rights and interests in India:
1. Consult a lawyer from a law firm like Lex Solutions as soon as possible to:
a. Get advice on your legal options
b. Apply for bail or anticipatory bail
c. Represent you before the court
d. Assist you throughout the case
2. Provide truthful information to the police and the court, and comply with any conditions imposed on your release. But most of all, do not:
a. Resist arrest
b. Flee from custody, or
c. Obstruct justice of crime and punishment in any other way.
3. Seek medical examination and legal aid. If you are arrested or detained, you have a right to:
a. Be medically examined by a doctor within 24 hours
b. Free legal aid from a lawyer appointed by the state (if you cannot afford one yourself).
4. If you are released on bail – normal or anticipatory, the court can call you to appear before it whenever it wants. A lawyer from Lex Solutions can keep track of your case status and dates, and inform you if there are any changes or difficulties.
Bail and remand processes are complex and challenging crime and punishment aspects of Indian criminal law. However, with proper legal guidance and support, you can navigate them effectively and secure your freedom and justice in the mediation bill 2021.
1. Which laws deal with criminal rules in India?
The IPC (Indian Penal Code), 1860 and CrPC (Criminal Procedure Code), 1974 deal with criminal law in India.
2. Which is better bail or remand?
Bail is obviously a better outcome for you, since it means getting out of custody, as opposed to remand – getting taken into police custody.
3. Which law deals with bail?
The Criminal Procedure Code (CrpC), 1974 governs everything in bail as it lists the two types of offences: bailable and non-bailable.
4. What is a non-bailable offence?
Murder is the most common non-bailable offence not only in Indian criminal law but in most legal systems.