Context: Recently, Supreme Court granted interim bail to women activist stating “appellant happens to be a woman/lady”.
Do you know?
- Cognisable Offences are offences on police can make an arrest a suspect without court’s permission or warrant. The person arrested should be presented to judicial magistrate within 24 hours deducting the time of travelling to and from jail. Example: Rape, Murder, Heinous Crime like Kidnaping, Dowry death.
- Non-cognisable offences are offences on which police cannot arrest the accused without warrant as well start investigation without court’s warrant. Example: Cheating, Forgery.
Provisions available for Bail for women:
Section 437 of Code of Criminal Procedure deals in case of non-bailable offences.
According to it, a person shall not be released on bail if:
- There is reasonable ground to believe that s/he has committed an offence punishable with death or life imprisonment, or
- A person already convicted for an offence punishable with death, life imprisonment, for served jail term for seven years or more.
- S/he has been convicted on two or more occasions on other offences with a term between three and seven years.
However, Section 437 of the CrPC contains exceptions such as court may grant bail even in the cases if person is under the age of 16 or is woman is sick or infirm.
Constitutional Protection in India:
1. Article 22 grants protection to persons who are arrested or detained. Detention is of two types:
a) Punitive Detention: It is a detention where a person is punished after trial and conviction in court.
b) Preventive Detention: It is a detention of person without trial and conviction by court.
Provisions in CrPC on Arrest of Woman:
- Police officer may arrest person who has commit cognizable offence without judicial order or warrant. If person does not submit to custody on words or action of police, Section 46 of CrPC enables the police officer to confine the person physically to effect the arrest.
- In 2005, an amendment was added to prohibit the arrest of woman after sunset or before sunrise.
- In 2009, a provision was added in CrPC to the effect that where a woman is arrested, only female officer may touch women accused, unless circumstances require otherwise.
It is a bail provided on direction or instruction given by Court who is under arrest or custody.
It is a bail granted even before the person is arrested. It is seeked by those people who have apprehension that they could be arrested in future.
It is issued only by High Courts and Sessions Court.
It is a bail which is granted for temporary period by court till regular or anticipatory bail is pending.