Default bail under BNSS Section 187 is a statutory right that arises when an accused is in custody and the investigating agency fails to complete investigation and file the chargesheet/final report within the prescribed period. The usual statutory period is 90 days for offences punishable with death, life imprisonment, or imprisonment of ten years or...
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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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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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FIR quashing in India is the legal remedy by which the High Court may terminate a criminal case at the threshold where the FIR or criminal proceeding is an abuse of process, does not disclose any cognizable offence, is legally barred, is manifestly mala fide, or where continuation of prosecution would defeat the ends of...
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Regular bail is a remedy sought by an accused person after arrest and while in custody. Under the Bharatiya Nagarik Suraksha Sanhita, 2023, regular bail in non-bailable offences is principally governed by Section 480 BNSS before courts other than the High Court and Court of Session, and by Section 483 BNSS before the High Court...
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Anticipatory bail, now governed by Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is a pre-arrest legal remedy available to a person who has reason to believe that he or she may be arrested for a non-bailable offence. The application lies before the Court of Session or the High Court. The court may grant...
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Bail under BNSS LAW STUDENT NOTESCRIMINAL PROCEDUREBNSS 2023 Chapter XXXV of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) contains the principal provisions on bail and bonds. For examination purposes, the core provisions are Section 478 (bailable offences), Section 479 (maximum undertrial detention), Section 480 (non-bailable offences), Section 482 (anticipatory bail) and Section 483 (special powers...
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