Frequently Asked Questions
General information regarding common legal concepts and court processes.
Disclaimer: The answers provided below are for informational purposes only and do not constitute legal advice. The law may change, and the application of law depends heavily on the specific facts of each case. Please consult a qualified advocate for advice on your specific legal situation.
Criminal Law & Bail
What is the difference between regular bail and anticipatory bail?
Anticipatory bail is a pre-arrest bail granted by the Court of Session or High Court when a person reasonably apprehends arrest in a non-bailable offense (under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 - BNSS). Regular bail is sought after a person has already been arrested and is in custody (under Sections 480 or 483 of the BNSS).
What are the new criminal laws effective from July 1, 2024?
India introduced three new criminal laws effective from July 1, 2024, replacing the colonial-era codes:
- Bharatiya Nyaya Sanhita (BNS) replaces the Indian Penal Code (IPC), 1860.
- Bharatiya Nagarik Suraksha Sanhita (BNSS) replaces the Code of Criminal Procedure (CrPC), 1973.
- Bharatiya Sakshya Adhiniyam (BSA) replaces the Indian Evidence Act, 1872.
Is bail a matter of right?
In bailable offenses, bail is a matter of right. In non-bailable offenses, granting bail is at the discretion of the court, which considers various factors such as the gravity of the offense, the likelihood of the accused absconding, and the potential for tampering with evidence.
What is an FIR and when is it filed?
An First Information Report (FIR) is a written document prepared by the police when they receive information about the commission of a cognizable offense. It sets the criminal law in motion.
Appeals & High Court Process
What is a Criminal Appeal?
A Criminal Appeal is a petition filed before a higher court challenging a conviction or sentence passed by a lower court. The appellate court reviews the trial court's judgment for legal or factual errors.
What is a Habeas Corpus petition?
Habeas Corpus is a writ issued by a High Court or the Supreme Court directing a person or authority who has detained another to produce the detained person before the court. It is a vital remedy against illegal detention.