I am not sure if you genuinely don't know what is the Law of the land or it was sarcasm. In case you don't know the law, please read on, else I think its time you can change the tone, as the person in question is also a primary victim of current circumstances. That person has lost family, health ,career, peace of mind & etc, etc, due to false allegations. Kindly respect his pain and love.
IPC 498A or popularly known as Dowry harassment case is a Cognizable, Non-compoundable and Non-Bailable offence: Cognizable which means any one reading the paper can understand that the offence has been committed ( Funny .. explains why 98% cases are false :-) ), Non-Compoundable the complainant cannot take it back the complaint on their own whim and Non-Bailable meaning they need to approach the magistrate to stay out of the jail. Same thing applies to offences under section 3 & 4 of the Dowry Prohibition Act, 1961.
Now coming to the point of Anticipatory Bail. CrPC 438 empowers the Court of Sessions (above Magistrate) with the power to provide protection to citizens against unlawful or unwanted or whimsical etc. arrest by the police. Basically a person who can demonstrate a reasonable apprehension of arrest can approach a Court of Sessions (or higher) to apply for something called an anticipatory bail. The judge usually considers the merits of the case along with the social stature of the person and issues them conditions that have to be followed in case they are arrested by the police. Such conditions have to be literally followed by the alleged (whether truly or falsely accused).
Some people can get multiple anticipatory bails , person I know has taken anticipatory bail thrice in different cities to save themselves from false allegations. There are many men and women thrown in to prison including parents-in-laws above 60 years of age and there are instances of taking Anticipatory bail for 7 month baby ! No doubt such draconian law is called "Legal Terrorism" by the Hon'ble Supreme Court of India.
You can confirm this with a local lawyer on these matters or by googling on law related sites.Please see to that's it an Indian Law related page.
I will explain the painful process of bail and the pain of fighting false criminal cases and how the family breaking mafia makes money in another post.. Until then..as usual .. Love for u!
Disclaimer: the author shares his own experience and interpretations and this cannot be construed as his personal opinion and its not an on-line advice forum. This article is meant for awareness purpose only and has no other intentions directly or indirectly.People in need of help in false cases are advised to contact a lawyer or human rights NGOs for further advice.
IPC 498A or popularly known as Dowry harassment case is a Cognizable, Non-compoundable and Non-Bailable offence: Cognizable which means any one reading the paper can understand that the offence has been committed ( Funny .. explains why 98% cases are false :-) ), Non-Compoundable the complainant cannot take it back the complaint on their own whim and Non-Bailable meaning they need to approach the magistrate to stay out of the jail. Same thing applies to offences under section 3 & 4 of the Dowry Prohibition Act, 1961.
Now coming to the point of Anticipatory Bail. CrPC 438 empowers the Court of Sessions (above Magistrate) with the power to provide protection to citizens against unlawful or unwanted or whimsical etc. arrest by the police. Basically a person who can demonstrate a reasonable apprehension of arrest can approach a Court of Sessions (or higher) to apply for something called an anticipatory bail. The judge usually considers the merits of the case along with the social stature of the person and issues them conditions that have to be followed in case they are arrested by the police. Such conditions have to be literally followed by the alleged (whether truly or falsely accused).
Some people can get multiple anticipatory bails , person I know has taken anticipatory bail thrice in different cities to save themselves from false allegations. There are many men and women thrown in to prison including parents-in-laws above 60 years of age and there are instances of taking Anticipatory bail for 7 month baby ! No doubt such draconian law is called "Legal Terrorism" by the Hon'ble Supreme Court of India.
You can confirm this with a local lawyer on these matters or by googling on law related sites.Please see to that's it an Indian Law related page.
I will explain the painful process of bail and the pain of fighting false criminal cases and how the family breaking mafia makes money in another post.. Until then..as usual .. Love for u!
Disclaimer: the author shares his own experience and interpretations and this cannot be construed as his personal opinion and its not an on-line advice forum. This article is meant for awareness purpose only and has no other intentions directly or indirectly.People in need of help in false cases are advised to contact a lawyer or human rights NGOs for further advice.
