What is Section 437A CrPC?

Section 437A of CrPC : Bail to require accused to appear before next appellate Court.

Is CrPC mentioned in Constitution?

The Criminal Procedure Code is applicable in the whole of India. The Parliament’s power to legislate in respect of Jammu & Kashmir was curtailed by Article 370 of the Constitution of India.

Is IPC and CrPC part of Constitution?

It is constituted under a single Framework. It has the power to rule states and ensure that all laws are strictly followed. IPC is the criminal code that covers all laws related to criminal offence established by the Constitution of India. The constitution constitutes rights and powers and also the IPC.

Can police officer grant bail in non-bailable offence?

An officer- in-charge of the police station may grant bail only when there are no reasonable grounds for believing that the accused has committed a non- bailable offence or when the non-bailable offence complained of is not punishable with death or life imprisonment.

When bail is refused in non-bailable offence under CrPC?

(2) If it appears to such officer or Court at any stage of the investigation, inquiry or trial, as the case may be, that there are not reasonable grounds for believing that the accused has committed a non-bailable offence, but that there are sufficient grounds for further inquiry into his guilt, the accused shall.

What is difference between CrPC CPC?

IPC deals with crimes and punishments; CrPC tells about the criminal trial procedure and cpc covers the procedure for civil suits, family disputes etc.

Can a police officer grant bail under CrPC?

According to section 436 of CrPC, If the offence alleged is bailable, then, the Accused is entitled for Bail as a matter of right, may be before Police station itself, or if forwarded to Magistrates Court, before Magistrates court. In such offences there is no question of any discretion in granting bail.

Is bail possible in non-bailable offence?

Though it is settled position of law that grant of Bail in Non-Bailable offences is the discretion of a court and that the court dealing with grant of bail is to only satisfy if there is a prima facie case against the accused.

What was the final version of section 437-a?

When Section 437-A Cr.P.C. was ultimately passed by Parliament, there were two big changes from the suggested draft in Report No. 154. The final version of Section 437-A said that a court shall require bonds while the draft version did not make it a mandatory requirement.

What are the different sections of CrPC?

CrPC Section 1. Short title, extent and commencement CrPC Section 2. Definitions CrPC Section 3. Construction of references CrPC Section 4. Trial of offences under the Indian Penal Code and other laws CrPC Section 5. Saving CrPC Chapter 2. Constitution of Criminal Courts And Offices 21 CrPC Section 6. Classes of Criminal Courts CrPC Section 7.

Is there a sense of proportionality in section 437-a?

Section 437-A Cr.P.C. contains no sense of proportionality. It does not require the State to satisfy a court that an acquitted persons might possibly flee to avoid the appeal. Nor does it require the State to show that a person, if immediately released, will pose a threat to public safety.

What is section 437-a of the Indian Constitution?

Section 437-A Cr.P.C. allows for both of these eventualities. And it is for this reason that the High Courts of Bombay , Allahabad, and Himachal Pradesh have clarified that courts within their jurisdiction must not apply the provision in a way that causes either of these results to follow.