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Arrest


Power of Police to Grant Bail

In case of bailable offence the police has power to grant bail, but after the challans are filed in court, the accused person has to fill the prescribed bail bond in order to get regular bail from court.

A person Arrested has a Legal and Constitutional Entitlement to Inform his Relations that he has been Detained. Police Custody/Duration

The police cannot keep any person arrested for any alleged offence for more than twenty-four hours. Within 24 hours the police is legally duty-bound to produce the said arrested person before the nearest magistrate under whose jurisdiction the alleged offence has been committed. In case the police fails to produce him within the prescribed period of 24 hours, the detention will amount to an illegal detention, and on moving a habeas corpus writ petition, he has to be set at liberty at once. There have been instances, where police has kept persons in their custody for more than 24 hours, and on filing a writ petition they have been ordered to be released.

 

Your Rights if Arrested

  1. The moment any person is arrested by the police he has a right to know the offence alleged to have been committed by him;

  2. It is the duty of the police officer on the spot to inform the nearest relations of the accused person about his arrest

  3. If a person is arrested for a bailable offence, he is entitled to be released forthwith on bail at the police station itself as a matter of right on furnishing a bail bond of reasonable amount.

  4. A person cannot be detained in police custody for more than 24 hours.



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