Bail of Jail: (Includes legal precedents and references from courts on personal liberty in India)

Law relating arrest, bail and personal liberty in India is governed by various legislations as also a number of precedents.

As regards legislations, it is governed by Criminal Procedure Code, 1973. Offences governed by Indian Penal Code 1860 besides other specialised laws e.g. Narcotics Drugs and Psychotropic Substances Act, 1985, Benami Property Act or Customs Act, 1962 etc.

Apart from above legislations, there are numerous directions, guidelines and cautions by Supreme Court to protect the personal liberty, human rights and human dignity under article 21 of the Constitution of India.

Crime investigation is the domain of police but in case of economic or other classes of crimes some other departments are also authorised to investigate. More importantly the matters of national security are investigated by National Investigation Agency or NIA for short. But all these agencies are bound by same laws barring few exceptions.

This book is an attempt to assimilate basic knowledge about Arrest, Bail and personal liberty in India from all the sources so as to assist iin criminal proceedings More details about arrangement of chapters is given in Introduction.

The chapters are arranged in the same manner as the criminal prosecution proceeds. It is a step by step guide for a first time offender, a beginner in law practice or even law student. For the experienced it is a quick reference book to look up to those Judicial Legislations, which changed the course of criminal law from time to time.

Most of the paragraphs are succeeded by the relevant judgement citation in blue colour, which supports the view expressed before or from which the extract has been quoted. The foot notes confuse some readers in an ebook therefore this method has been used in place of foot notes.

Of course most of the cited judgements carry a live link. Which means you can click on the citation and the whole judgement shall open up in a browser, instantly.

It is a thoroughly revised edition of 2020.

The Chapter 1 is about Crime and Offence and it’s legal classification into Cognizable or Non-cognizable offences and bailable or non-bailable offences.

The Chapter 2 is about Police and powers of Government over the Police in crime investigation.

The Chapter 3 is about First Information Report or FIR which is foundation for grant of bail.

The Chapter 4 is about Arrest and its procedure as also about the personal liberty and human rights of an accused.

The Chapter 5 is about Custodial Interrogation, it’s procedure and duty to avoid violence in custody.

The Chapter 6 is about Admission, Confession and Discovery of facts made by accused in custody.

The Chapter 7 is about Power to grant bail and it’s considerations.

The Chapter 8 is about grant of pre-arrest or Anticipatory Bail to an accused.

The Chapter 9 is about determination of Competent Court to approach for grant of bail to an accused.

The Chapter 10 is about procedure for hearing and grant of bail to an accused.

The Chapter 11 is about Bail bond, Surety and Personal Bond one of which is always a condition precedent for grant of bail.

The Chapter 12 deals about Cancellation of the bail granted to an accused.