Preventive bail allows suspects in India to apply for bail before being arrested for certain crimes. The court must determine the likelihood of arrest and may impose conditions such as cooperation with authorities. This type of bail is commonly used in dowry cases, but not in cases of dowry death.
Preventive bail is a provision in Indian criminal law that allows criminal suspects to apply for bail before being arrested and charged with an offence. This provision is only permitted for potential suspects who expect to be arrested without a warrant for a crime where bail is traditionally prohibited. This type of bond is commonly used under dowry laws, where a spouse suspects they could be arrested for violating the terms of a dowry.
Under the Criminal Procedure Code of Indian Law, an individual who plans to be arrested can appeal to the High Court or the Court of Session. During the preliminary hearing, the applicant must provide substantial evidence that arrest is imminent and that he has reason to believe that prosecution is imminent. The Court will rule on the facts of the case and infer the likelihood of an arrest. A decision of acceptance or rejection of the advanced deposit request will be issued.
If the court approves the bail motion, management can include any number of provisions. Common stipulations include a potential suspect’s full cooperation with the authorities; he or she must consent to being questioned by the police when and if necessary. He may also be asked to refrain from threatening, endangering or bribing anyone involved in the case. The possible suspect may also be prevented from leaving the country until the case has been resolved to your satisfaction.
If a wrongful arrest occurs after bail is posted, the suspect has the full legal right to post bail. If he is unable to raise the necessary funds immediately, bail can be paid at any time while the suspect is in police custody. However, if a judge issues a warrant before or after your arrest, the early bail option is no longer valid.
Advance deposit arrangements are not open-ended agreements. They typically expire after a predetermined amount of time. By that time, the investigation into the case has usually progressed, and the Court deliberates on the evidence to determine whether there is sufficient support for a charge or pardon.
This type of arrangement is predominantly used in dowry-related situations. For example, if a husband or her family attempts to extort money from the bride’s family in hopes of obtaining a larger dowry, a husband may fear that his wife or his family will have him arrested. Advance bail, however, is rarely permitted in dowry death cases, in which a wife is killed or commits suicide as a result of extortion, harassment, or torture attempts at the hands of her husband or her family.
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