What is the difference between bail and anticipatory bail?
- Anticipatory bail is applied for before arrest by a person who apprehends being arrested for a non-bailable offence, and is granted by the Sessions Court or the High Court. Regular bail is applied for after arrest, once a person is already in custody. Anticipatory bail, once granted, operates as a direction that the person be released on bail in the event of arrest.
What should I do if the police refuse to register my FIR?
- Send a written complaint by registered post to the Superintendent of Police, who may investigate the matter or direct a subordinate officer to do so. If that also fails, apply to the Magistrate having jurisdiction for a direction to the police to register the FIR and investigate. In Lalita Kumari v. Government of Uttar Pradesh (2013), the Supreme Court held that registration of an FIR is mandatory where the information discloses a cognizable offence.
Have the IPC and CrPC been replaced in India?
- Yes. From 1 July 2024, the Bharatiya Nyaya Sanhita, 2023 replaced the Indian Penal Code, 1860, the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the Code of Criminal Procedure, 1973, and the Bharatiya Sakshya Adhiniyam, 2023 replaced the Indian Evidence Act, 1872. Offences committed before that date continue to be tried under the old codes, so both sets of provisions remain in active use in the courts.
Can an FIR be quashed?
- Yes. A High Court may quash an FIR or criminal proceeding where it is malicious, discloses no offence, or amounts to an abuse of the process of the court. Courts also quash proceedings in disputes that are essentially private and have been genuinely settled between the parties, though this is applied cautiously in serious offences.
How long does a criminal trial take in India?
- It varies widely with the offence and the pendency in that court. A summons case before a Magistrate may conclude in one to two years, while a Sessions trial for a serious offence commonly runs three to five years or longer. Fast Track Special Courts were established to compress this timeline for specified categories of offence.
Do I need to be present at every hearing?
- Not always. The court may exempt an accused from personal appearance on an application, with the advocate appearing instead, though the court can require personal presence at specific stages such as framing of charge, recording of the statement of the accused, and judgment.
This page is general information about Indian law, not legal advice. For advice on your own matter, call +91 70907 21111.