What IPC 437?

What IPC 437?

—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 Anticipatory Bail in India?

India November 12 2021. Anticipatory bail, as the name suggests, is bail granted to a person in anticipation and apprehending arrest. It is a preventive relief which was not originally included in The Code of Criminal Procedure, 1973 (‘CrPC’).

What is a non bailable Offence?

Non-bailable offences are serious offences where bail is a privilege and only the courts can grant it. On being arrested and taken into custody for a serious or non-bailable crime, a person cannot ask to be released on bail as a matter of right.

Is Section 437 bailable or not?

IPC 437 is a Non-Bailable offence.

What is the section 441 of IPC?

or having lawfully entered into or upon such property, unlawfully remains there with intent thereby to intimidate, insult or annoy any such person, or with intent to commit an offence, is said to commit “criminal trespass”.

Can police cancel anticipatory?

Only High court and District court have power to grand Anticipatory bail. Police cannot cancel the bail granted by the the said court. The power to cancel the bail is vested in the court.

When can bail once granted be Cancelled?

However, bail once granted should not be cancelled in a mechanical manner without considering whether any supervening circumstances have rendered it no longer conducive to a fair trial to allow the accused to retain his freedom by enjoying the concession of bail during the trial.” 1 (1995) 1 SCC 349 at ¶ 4.

Can police officer grant bail in bailable offence?

Bail for Bailable offences: In such offences there is no question of any discretion in granting bail. Bail can be claimed as of right and there is a statutory duty imposed upon the Police Officer as well as the Court to release a person on bail if he is prepared to give bail.

Can bail be granted in cognizable offence?

BAIL IN BAILABLE OFFENCES, Section 436 of the Code of Criminal Procedure deals with provisions of bail in bailable offences. Under this section, bail is the right of person, who has been accused for commission of offence, which is bailable in nature.

Is IPC 441 bailable?

Presently the offence is bailable. All unauthorised occupants including politicians, bureaucrats and government servants should be booked under Section 441 of IPC and the process of making recoveries of outstanding dues including penal rent from such unauthorised occupants should also be made more stringent.

Is IPC 441 cognizable offence?

Whoever commits lurking house-trespass or house-breaking, shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine. Punishment—Imprisonment for 2 years and fine—Cognizable—Non-bailable— Triable by any Magistrate—Non-compoundable.