Question 1

What is the difference between bailable and non-bailable offences?

Accepted Answer

In bailable offences bail is a right and is granted as of right; in non-bailable offences it is at the court’s discretion based on the facts.

Question 2

How long does a regular bail hearing take?

Accepted Answer

It depends on the court’s calendar, but a first hearing is usually listed within a few days of filing. Complex or opposed matters may take longer.

Question 3

Can anticipatory bail be filed before an FIR is registered?

Accepted Answer

Yes, if there is a genuine apprehension of arrest, but the court will examine whether such apprehension is reasonable on the facts.

Question 4

Is anticipatory bail permanent?

Accepted Answer

No. The court may fix a period, or it can continue until the end of investigation, depending on the order.

Question 5

Does interim bail mean bail is granted?

Accepted Answer

No. It is temporary protection while the main application is decided.

Question 6

What is the statutory period for default bail?

Accepted Answer

Generally 60 days for offences punishable up to 10 years and 90 days for offences punishable with death, life imprisonment, or 10+ years, subject to the statute.

Question 7

Can bail be cancelled on suspicion alone?

Accepted Answer

No. The court requires specific evidence of breach or misuse of liberty.

Question 8

What if the police refuse to register my FIR?

Accepted Answer

You can send the complaint by post to the Superintendent of Police, approach the Magistrate directly, or seek High Court intervention.

Question 9

Can an FIR be quashed after chargesheet?

Accepted Answer

Yes, but the threshold is higher; the court examines whether continuing the proceeding would be an abuse of process.

Question 10

What is Habeas Corpus?

Accepted Answer

It is a writ requiring the authority to produce a detained person and justify the detention.

Question 11

Can I get bail while my appeal is pending?

Accepted Answer

Yes, the appellate court may suspend the sentence and grant bail pending appeal.

Question 12

Can I file both appeal and revision?

Accepted Answer

No. Revision is barred where an appeal lies for the same order.

Question 13

Can the chargesheet be challenged?

Accepted Answer

Yes, through discharge before the Magistrate, or revision/quashing before the High Court on limited grounds.

Question 14

Does the regular bail principle apply to NDPS cases?

Accepted Answer

For small and intermediate quantity, broadly yes. For commercial quantity, the Section 37 twin conditions apply.

Question 15

Is delay a ground for NDPS bail?

Accepted Answer

Long incarceration beyond a threshold can be a ground, but the court still weighs the Section 37 conditions.

Question 16

Is bail easy in POCSO cases?

Accepted Answer

No. Courts are cautious given the vulnerability of the child victim.

Question 17

Can attachment under the Gangsters Act be challenged?

Accepted Answer

Yes. Procedural defects and lack of nexus can be challenged before the designated authority or the High Court.

Question 18

Is possession alone an offence?

Accepted Answer

Possession without a valid licence is an offence; the gravity depends on the weapon category.

Question 19

What is a 65B certificate?

Accepted Answer

It is a certificate required under the Evidence Act to admit electronic records as evidence.

Question 20

Why is PMLA bail difficult?

Accepted Answer

Section 45 imposes twin conditions the court must be satisfied of before granting bail.

Question 21

Can anticipatory bail be granted in SC/ST Act cases?

Accepted Answer

Generally no, under Section 18 of the Act. However, if the court finds the accusation to be prima facie false or mala fide, protection may be granted.

Question 22

Is bail harder in SC/ST cases?

Accepted Answer

Yes. The prosecutor must be heard, and the court must record specific reasons for granting bail.

Question 23

Why is UAPA bail so difficult?

Accepted Answer

Section 43D(5) requires the court to find reasonable grounds that the accusation is prima facie not true — a very high bar.

Question 24

What are the twin conditions for PMLA bail?

Accepted Answer

The court must believe the accused is not guilty and will not commit an offence while on bail. Both must be satisfied.

Question 25

Can PMLA attachment be challenged?

Accepted Answer

Yes, before the Adjudicating Authority, the Appellate Tribunal, or the High Court.

Question 26

Can a juvenile be sent to jail?

Accepted Answer

No. A child in conflict with law cannot be sentenced to imprisonment. The Board orders reformatory measures.

Question 27

When can a juvenile be tried as an adult?

Accepted Answer

Only for heinous offences, for children aged 16-18, after a preliminary assessment by the Board.

Question 28

How long can police keep someone in custody?

Accepted Answer

Police custody cannot exceed 15 days. After that, the accused is in judicial custody, which can extend up to 60 or 90 days.

Question 29

Must the police inform the family of the arrest?

Accepted Answer

Yes. Under BNSS, the police must inform a nominated family member of the arrest and place of detention.

Question 30

What happens if I ignore a warrant?

Accepted Answer

The court can issue a proclamation, attach your property, and order your arrest at any time.

Question 31

Does the accused have to prove innocence?

Accepted Answer

No. The burden is on the prosecution. The accused is presumed innocent until proven guilty beyond reasonable doubt.

Question 32

What is Section 353 statement?

Accepted Answer

It is the statement of the accused recorded by the court after prosecution evidence closes. The accused may explain the circumstances.

Question 33

When should I engage a defence lawyer?

Accepted Answer

At the earliest possible stage — ideally before arrest or immediately after FIR registration.

Question 34

What if I cannot afford a lawyer?

Accepted Answer

The court must provide legal aid at state expense under the Legal Services Authorities Act.

Question 35

Is suspension of sentence automatic?

Accepted Answer

No. It is discretionary and must be applied for separately from the appeal.

Question 36

Can the High Court suspend a Sessions Court sentence?

Accepted Answer

Yes, the High Court can suspend the sentence while the appeal is pending before it.

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