What is 437 CrPC in India Code?
Asked by: Miss Ayla Parker IV | Last update: November 25, 2023Score: 5/5 (51 votes)
… the trial court and the magistrate have the power to grant or deny bail to anyone who has been charged with or is suspected of committing a crime for which …
What is under section 437 of CRPC?
Section 437, Criminal Procedure Code, deals with the powers of the trial court and of the Magistrate to whom the offender is produced by the police or the accused surrenders or appears, to grant or refuse bail to person accused of,or suspected of the commission of any non-bailable offence.
What is 437 law in India?
Whoever commits mischief to any decked vessel or any vessel of a burden of twenty tons or upwards, intending to destroy or render unsafe, or knowing it to be likely that he will thereby destroy or render unsafe, that vessel, shall be punished with imprisonment of either description for a term which may extend to ten ...
What is the bail application under section 439 CRPC?
A person can move to the High Court or the Court of Session for bail under Section 439 only when he is in custody, and a person is considered to be in custody within the meaning of this section if he is being held under duress by the investigating agency, another police or allied authority, or because he is under the ...
What is the punishment for Section 439?
Whoever intentionally runs any vessel aground or ashore, intending to commit theft of any property contained therein or to dishonestly misappropriate any such property, or with intent that such theft or misappropriation of property may be committed, shall be punished with imprisonment of either description for a term ...
Bail in Non bailable Offence | Section 437 | CrPC | Code of Criminal Procedure
What is the code of civil procedure 439?
Section 439 - Meeting before filing motion for judgment (a) Before filing a motion for judgment on the pleadings pursuant to this chapter, the moving party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to the motion for judgment on the pleadings for the purpose of ...
What happens if you break bail conditions in India?
If the person released on bail fails to comply with the conditions in the bail bond as regards time and place of attendance, the court may refuse him to be released on bail when he appears on a subsequent occasion. The bond executed by him and his surety stand cancelled under Section 446-A of CrPC.
What is 473 law in India?
Whoever makes or counterfeits any seal, plate or other instrument for making an impression, intending that the same shall be used for the purpose of committing any forgery which would be punishable under any section of this Chapter other than section 467, or, with such intent, has in his possession any such seal, plate ...
What is 438 law in India?
Whoever commits, or attempts to commit, by fire or any explosive substance, such mischief as is described in the last preceding section. shall be punished with imprisonment for life. or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
What is the difference between 437 CrPC?
Section 437 of the CrPC prohibits the grant of bail in situations of offences punishable by death or life imprisonment unless it is beyond doubt that the accused is guilty; however, Section 439 permits the Sessions Court or High Court to grant bail even in such cases.
What is the bail process in India?
Bail Procedure in India
Step 1: Arrest, The first step in the bail process is the arrest of the accused. The police will arrest the accused and take them into custody. Step 2: Bail Application After the arrest, the accused or their representative can file a bail application.
What is bail application under section 389?
(1) Pending any appeal by a convicted person, the Appellate Court may, for reasons to be recorded by it in writing, order that the execution of the sentence or order appealed against be suspended and, also, if he is in confinement, that he be released on bail, or on his own bond.
What is 374 law in India?
India Code: Section Details. Whoever unlawfully compels any person to labour against the will of that person, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.
What is 470 law in India?
Description. A false document or electronic record 1 made wholly or in part by forgery is designated “a forged document or electronic record”.
What is 410 law in India?
—Property, the possession whereof has been transferred by theft, or by extortion, or by robbery, and property which has been criminally misappropriated or in respect of which 1[***] criminal breach of trust has been committed, is designated as “stolen property”, 2[whether the transfer has been made, or the ...
What is 427 rules in India?
427. Mischief causing damage to the amount of fifty rupees. —Whoever commits mischief and thereby causes loss or damage to the amount of fifty rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
What is 424 law in India?
Whoever dishonestly or fraudulently conceals or removes any property of himself or any other person, or dishonestly or fraudulently assists in the concealment or removal thereof, or dishonestly releases any demand or claim to which he is entitled, shall be punished with imprisonment of either description for a term ...
What is 425 law in India?
Mischief under Section 425 of IPC covers all those acts that cause any damage or destruction to the property resulting in any wrongful loss or damage. The scope of this section is wide and it applies in the case of both public as well as private damages.
How long bail is valid in India?
But in certain circumstances you can directly file for bail in high court. Anticipatory bail is generally valid for 30 days but sometime court can grant more time period depends on case and circumstances. So this is within jurisdiction and authority of court to decide validity of bail granted.
How long does bail last in India?
Generally court grants anticipatory bail for a period of 30 days and after the period of 30 days, one needs to apply for regular bail. But if the person is arrested, he must produce his Anticipatory Bail and also file for regular bail during the stipulated time of the Anticipatory Bail.
Do you get bail money back if charges are dropped in India?
Bail Money Paid Directly to Court
And in any case where the resulting charges are dropped, this money will generally be returned directly by the state to whoever paid it.
What is Rule 44 Federal Rules of Civil Procedure?
Rule 44 requires that a party who “questions the constitutionality of an Act of Congress” in a proceeding in which the United States is not a party must provide written notice of that challenge to the clerk.
What is Rule 49 Federal Rules of Civil Procedure?
A party waives the right to a jury trial on any issue of fact raised by the pleadings or evidence but not submitted to the jury unless, before the jury retires, the party demands its submission to the jury.
What is Indiana Rule of Civil Procedure 4?
4. Rule 4 - Process (A) Jurisdiction Over Parties or Persons - In General. The court acquires jurisdiction over a party or person who under these rules commences or joins in the action, is served with summons or enters an appearance, or who is subjected to the power of the court under any other law.
What is 490 law in India?
490. Breach of contract of service during voyage or journey.