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Criminal Lawyers Offer Consultation For The Non-Bailable Offense?

When you are accused within the criminal justice system in India, it is important to obtain bail, but the entire process has to be approached with great care. When arrested, the first thing that should be done is to seek the services of a professional criminal lawyer. This is the person that will guide and advise the accused all through. Such a person can help you get bail in good time. 

Criminal lawyers in Delhi are the mind that can break down the nature of your offense. There are circumstances in which the chances of obtaining bail can be affected. Even if accused of a non-bailable offense, you should seek the services of a qualified lawyer for consultation and advice. These people have law knowledge and a clear understanding of precedents in that area. Bu understanding the circumstances of your particular case, it becomes easier for the lawyer to help you with a defense. 

Supreme court lawyers

Criminal lawyers supreme court of India have many years of training and experience in dealing with cases and helping people get justice. By hiring such a lawyer, you are assured that you are in good hands and can get the best defense possible. 

Section 438 of CrPC states that when a person commits offenses, then the arrest is anticipated. In such a case, such a person can approach a sessions court or high court for anticipatory bail. This request can be granted or rejected at the discretion of the court. Likewise, anticipatory bail from the supreme court can also be granted or rejected. 

Understanding non-bailable offense

Non-bailable offenses are where granting bail is not treated as a matter of right like in bailable offenses. In such a case, the accused has to apply to the court, and it is up to the court to either grant the bail or not. 

These non-bailable offenses are very serious, and getting bail is a privilege. Once you get arrested and are in custody for a non-bailable or serious crime, you cannot ask for bail like it is your right. The court can refuse to grant bail when the bail bond has not been executed well, or the offense that was committed imposes life imprisonment or death as punishment like the case of rape or murder or in cases where the accused made an attempt to abscond or has doubtful credentials. 

It is the duty of your lawyer to file bail in such a case before the magistrate. After filing, it is listed, and then the application is heard. After that, the police must present the accused person in court, and the magistrate will pass the orders as he deems appropriate. 

Under the Indian penal code, some of the offenses termed as un-bailable include but are not limited to murder, dowry death, attempted murder, kidnapping, causing grievous hurt voluntarily, rape, and drug adulteration, among many others. 

Bail in Posco act is not a right. This is a non-bailable offense. This Act was accorded to offer children protection from inclusion in pornography, sexual harassment, and sexual assault. All offenses under this act are non-bailable, and if one fails to report sexual abuse of a child can also be punished with imprisonment, a penalty, or both. 

In this act, an exceptional clause states that anyone accused of the offense remains guilty unless proven otherwise. Bail can be granted at the discretion of the magistrate after some points have been cleared out and at the discretion of the magistrate. 

If you get accused of a non-bailable offense as laid out in the laws of India, it is of utmost importance that you get a good criminal lawyer to help with your defense. These are the best people to guide you, and they have a clear understanding of the law.

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