Anticipatory bail under BNSS Section 482 is a pre-arrest protection granted by the Court of Session or High Court to a person who has reason to believe that he may be arrested for a non-bailable offence. If anticipatory bail is granted, the person is released on bail in the event of arrest, subject to conditions...
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FIR quashing after settlement means approaching the High Court to end criminal proceedings because the accused and complainant have voluntarily resolved their dispute. The High Court may quash an FIR or criminal case in exercise of inherent powers where continuing the case would be an abuse of process or where quashing is necessary to secure...
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BNSS Section 35 deals with arrest without warrant and also contains the notice-before-arrest safeguard. Where arrest is not required in a cognizable offence, the police officer must issue a notice directing the person to appear before him or at a specified place. If the person complies and continues to comply with the notice, he should...
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A “digital arrest” scam is a cyber-fraud method where criminals impersonate police, CBI, ED, Narcotics Department, RBI, courier officials or court officers and falsely tell the victim that he or she is under investigation or “digitally arrested”. They usually use WhatsApp, Skype, video calls, fake ID cards, forged notices, fake court orders and intimidation to...
Read MoreCyber police may ask a bank to freeze or mark lien on a bank account if money in that account is suspected to be linked with cyber fraud or a criminal transaction trail. However, freezing the entire bank account merely because of one identifiable suspicious transaction can be challenged as disproportionate. Recent High Court decisions...
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In Union of India v. Mohanraj TK, the Kerala High Court dismissed the Union of India’s writ petition challenging the Armed Forces Tribunal, Kochi’s order granting disability pension-related relief to a retired Subedar Major/Honorary Captain. The Court held that where no disease was recorded at the time of enrolment, the soldier is entitled to statutory...
Read MoreA bank account freeze in India means that the account holder is prevented from withdrawing, transferring or using money from the account. The freeze may be imposed by the bank, cyber police, investigating agency, court, GST department, ED, Income Tax department or another statutory authority. In cyber fraud and criminal-investigation cases, police may rely on...
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A lien on a bank account means that a bank, police authority, cyber cell, court, tax authority or statutory agency has restricted the account holder from using a particular amount or the entire account. A bank lien may arise from loan dues, credit card dues, overdraft, fixed-deposit security, unpaid charges or contractual set-off rights. A...
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Army Rule 180 protects a person subject to the Army Act when a Court of Inquiry affects his character or military reputation. In such a case, the affected person must be given full opportunity to remain present throughout the inquiry, make a statement, give evidence, cross-examine witnesses whose evidence affects his character or military reputation,...
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Regular bail after arrest is the legal remedy by which an accused person already in custody seeks release from the court during investigation, inquiry or trial. Under the Bharatiya Nagarik Suraksha Sanhita, 2023, bail in bailable offences is dealt with under Section 478, bail in non-bailable offences is dealt with under Section 480, special powers...
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