Theme: Police

What is Bail?

Bail is the temporary release of a person accused of a crime, by the court. The Court allows the accused person to be outside the jail on a condition that they would appear before the Court whenever required and will not commit any crimes. In most cases where bail is granted, a sum of money or property has to be deposited to the Court as a guarantee that the person makes an appearance back in Court whenever they are required.  

Driving Without A License

While driving, it is mandatory to keep a copy of a valid Driving License with you at all times1, and present it to a police officer on demand2. Now, you can also carry an electronic copy of your driving license in the DigiLocker or mParivahan app3. If you hold a valid driving license but do not have it when an officer asks you to produce it, you may be punished with a fine between Rs. 500 and Rs. 1,0004. You may alternatively produce it to the officer/authority who has asked you for it, within a stipulated time period, which varies across states5. 

 If your license has been submitted to or seized by, governmental authority or officer, then you must produce a receipt or any other form of acknowledgement, and produce the license within a stipulated time period that varies across states2. 

If you drive a vehicle and you do not possess a driving license or have not attained the required age to drive it, then your vehicle can be seized and detained by a police officer6. Furthermore, you can be punished with a fine of Rs. 5,000 or with jail time of up to 3 months, or both7.

The applicable fine amount might vary across states. Given below are the fine amounts of different offences for two states.

State Type of Vehicle Fine Amount (In INR)
Delhi Not applicable 5,000
Karnataka Two/Three-Wheeler 1,000
Light Motor Vehicle 2,000
Others 5,000
  1. Section 6(3),  Motor Vehicles (Driving) Regulations, 2017. [↩]
  2. Section 130(1), The Motor Vehicles Act, 1988. [↩] [↩]
  3. Section 139, Central Motor Vehicles Rules,1989. [↩]
  4. Section 177A, The Motor Vehicles Act, 1988. [↩]
  5. Section 130(4), The Motor Vehicles Act, 1988. [↩]
  6. Section 207(1), The Motor Vehicles Act, 1988. [↩]
  7. Section 181, The Motor Vehicles Act, 1988. [↩]

Right to Bail

You have a right to bail. This right can be directly exercised in the case of bailable offences. For non-bailable offences, this right is dependent on the discretion of the court.   

The rationale of giving bail is that, if there is no substantial risk of the accused fleeing, then there should be no reason why he should be imprisoned. Granting bail usually comes at an early stage. 

The Court takes into account your gender, health and age while granting you bail. The Court may grant you bail more easily if you fall in the category of the following sets of persons:

  1. Women
  2. Children below the age of sixteen
  3. Sick and Infirm people

 

Police Arrest With Warrant

An arrest is when a person is physically detained by the police. No person can be detained by the police without being informed of the reasons and the basis in law for their arrest. 

Generally, the police need a warrant to arrest someone. Crimes for which a warrant is required are called non-cognizable offences. On receiving information of a non-cognizable crime, the police must take permission from the Magistrate to arrest someone. This permission from the Magistrate is known as a warrant. 

Who can file an FIR

You can file an FIR if you are:

  • A victim of a crime.
  • A relative or friend or acquaintance of the victim.
  • You have knowledge about a crime that has taken place or is about to take place.

 

It is not necessary that you must have all information about the crime in order to file an FIR. But it is important that you report everything you know to the police.

 

An FIR in itself is not a criminal case filed against someone. It is just information received by the police relating to the commission of a crime. A criminal case begins when the chargesheet is filed by the police before the Court and a Public Prosecutor is appointed by the State. 

Driving a vehicle without a registration

It is mandatory to register motor vehicles before driving them1, and after getting your vehicle registered, you will receive a Registration Certificate (RC) (( Section 41, The Motor Vehicles Act, 1988.)). It is mandatory to carry the original copy or electronic copy of the RC and to display a registration mark on your vehicle2. 

If you drive or allow a motor vehicle to be driven without registration, you can be punished with a fine between Rs. 2,000 to 5,000 for the first offence, and with jail time of up to 1 year, or a fine between Rs. 5,000 and 10,000, or both, for any subsequent offence3. The applicable fine amount might vary across states. 

You cannot be fined for not having the Registration Certificate only for the following reasons4:

  • Conveyance of persons suffering from sickness or injuries
  • Transport of food or materials to relieve distress or of medical supplies 

However, you must inform the Regional Transport Authority (RTA) of your state within 7 days that you are using a motor vehicle for the two reasons given above, otherwise you can be fined. 

Given below are the fine amounts for two states:

State Frequency of Offence Fine Amount (In INR)
Delhi First offence 2,000 – 5,000
Any subsequent offence 5,000 – 10,000
Karnataka Two/Three-Wheeler 2,000
Light Motor Vehicle

 

 3,000
Medium/Heavy Vehicle and Others 5,000
  1. Section 39, The Motor Vehicles Act, 1988. [↩]
  2. Section 139, The Motor Vehicles Rules, 1989. [↩]
  3. Section 192(1), The Motor Vehicles Act, 1988. [↩]
  4. Section 192, The Motor Vehicles Act, 1988. [↩]

Understanding Bail

Bail is when an accused assures the police that he will not run away or commit any more crimes if he is released into society. Thus, bail is usually through a :  

  • Bail Bond 

A bail bond is the money that a person must deposit with the court when they have been granted bail. It is to make sure that the person does not run away. The amount might be less or more, depending upon the nature of the crime. In case you don’t have money, your property can be attached to get bail. This deposit of money or attachment of property is mandatory for bail. The Court may ask the person to not leave the territory of the country and report to the court whenever he is required to do so under the Bond. 

  • Personal Bond

In certain cases, while granting a person bail, the Court may not ask them to submit a bail bond, but instead release them on their own promise, or what is commonly known as a personal bond. Bail can be granted on a personal bond either with or without sureties. Courts have discretion in the matter so they may release the accused by taking only a personal bond without insisting for a surety. 

 

  • Surety

When you approach the court for bail, sometimes the court wants sufficient guarantees to ensure you won’t run away. The court may ask you to get some people to take this responsibility. The same person does not have to always remain a surety. A person acting as a surety can apply to be ‘discharged’ from their position of a surety.  In such a circumstance, you will need to replace the surety. You will need to get another person to the Court to sign as your new surety. If you can’t replace the surety, you will be taken into custody.

Informing Friends and Family

When you are being arrested, before taking you away, you can choose a person (friend or family member) whom the police must inform about your arrest. If the arrested person’s friends or family live in a different district or town, the police must notify them of :

  • the time of arrest
  • place of arrest
  • where the arrested person is being held

The police can notify the relative or friend through the Legal Aid Organisation in the district and the police station of that area within a period of 8 to 12 hours after the arrest.

How to file an FIR

If a crime has taken place:

 

  • Go to the nearest police station: The police station does not necessarily have to be in the area where the crime has been committed. Please download the ‘Indian Police at your call’ app to find the nearest police station.

For Android Users:

https://play.google.com/store/apps/details?id=in.nic.bih.thanalocator&hl=en

 

 For Apple Users:

https://itunes.apple.com/in/app/indian-police-at-your-call/id1177887402?mt=8 

When you go to the police station to file the FIR, the following happens:

 

  • You will be directed to the Duty Officer. You can either verbally tell the officer what happened, or write down the details yourself. If you tell the police verbally, then they must write it down.

 

  • The Duty Officer will then make an entry in the General Diary or Daily Diary. 

 

  • If you have a written complaint with you, please carry two copies and give them to the Duty Officer. Both will be stamped and one will be returned to you. The stamp bears a Daily Diary Number or DD No. and is proof that they received your complaint.

 

  • Once the police have read it out, if all the details are correct, you can sign the FIR. You have the right to get a copy of the FIR for free. Note the FIR number, date of FIR and the name of the police station. In case you lose your copy, you can use these details to access the FIR online for free.

 

After registering the FIR, the contents of the FIR cannot be changed. However, you can give additional information to the police later on at any point.

In some states and cities, certain kinds of FIRs and complaints can be registered online. For example, in Delhi an online complaint can be filed for cases of missing persons or children, unidentified children or persons or dead bodies, senior citizen registration, stolen or unclaimed vehicle search or missing stolen mobile phones.

 

Driving a vehicle without a PUC Certificate

It is mandatory for all motor vehicles, except motorcycles of engine capacity less than 70 cc, to have a Pollution Under Control Certificate (PUC)1. This certificate indicates that the emissions from your vehicle are under control, and in accordance with the law. This PUC certificate can be easily obtained from any certified pollution check centre, which is present at petrol pumps and car repair shops.

You must get a PUC Certificate for your vehicle within a year of the registration2 of that vehicle, and it is mandatory to carry this certificate in your vehicle, and must be presented when asked for by a police officer2. A PUC Certificate is only valid for a limited period of time, and it is important that you renew your PUC certificate before it expires, otherwise, you will be fined.

If you do not have a PUC certificate, you will be punished with a fine of at least Rs. 500 for the first offence, and a fine of at least Rs. 1,500 for every subsequent offence3. The applicable fine amount might vary across states. 

Given below are the fine amounts for two states:

 

State Frequency of Offence Fine Amount (In INR)
Delhi First offence 500
Any subsequent offence 1,500
Karnataka First offence 500
Any subsequent offence 1,000
  1. Section 115(1)(7), Central Motor Vehicles Rules, 1989. [↩]
  2. Section 115(7), Central Motor Vehicles Rules, 1989. [↩] [↩]
  3. Section 177, The Motor Vehicles Act, 1988. [↩]

Refusal of Bail

For non-bailable offences the Court can refuse to grant you bail when the punishment for the crime you have committed has: 

  • Death penalty,
  • Prison for life,
  • Jail time of more than 7 years,
  • If the offence is cognizable, 
  • Been convicted previously on two or more occasions of a cognizable offence punishable with imprisonment of three years or more but not less than seven years.

 

Rights While Being Arrested

Upon being arrested you have certain rights, namely:

 

  • You can ask the police to identify themselves as they should bear accurate, visible and clear identification and name tags with their designations.
  • You can ask the police to call your lawyer. If you do not have a lawyer or cannot afford a lawyer, then you can ask the court to appoint a lawyer for you. 
  • You can ask the police to show the warrant for arrest, police report and other documents for your arrest and the police are required to show you this.
  • You should verify the accuracy of the memo of arrest prepared by the police before signing it. The memo of arrest should contain the date and time of arrest and should be attested by at least one witness.  
  • You should be informed about your eligibility for bail for the offence by the police.
  • You can ask to be examined for major and minor injuries on your body by a trained doctor and the police must comply. This examination has to be done every 48 hours if you are in their custody. This physical examination has to be recorded in the Inspection Memo and signed by the police officer. This is done to prevent violence by police while you are in their custody.
  • You should get a copy of the signed Inspection Memo.

Where can an FIR be filed

An FIR can be filed at any police station. The fact that the crime may not have been committed in that police stations jurisdiction has no consequence to the filing of the complaint. It is mandatory for the police to record the information provided, and then transfer it to the police station in whose area/jurisdiction the offence took place. For instance, if a crime was committed in North Delhi, the information can even be registered with a police station in South Delhi.

 

This concept is generally referred to as “Zero FIR” and was introduced in 2013. Before the introduction of Zero FIR,  massive delays were caused because the police station would record the information only in the area where the crime occurred. 

Underage Driving

You have to be above a certain age to drive motor vehicles in a public place. Given below are the age limits stipulated by the law:

  • To drive any motor vehicle (except a motorcycle with an engine capacity of fewer than 50 cc): 18 years1 
  • To drive a motorcycle with an engine capacity of fewer than 50 cc: 16 years1 
  • To drive a transport vehicle (for example, a truck): 20 years

If you are under the age required to drive a particular type of motor vehicle, but you drive it anyway, then you can be punished with a fine of Rs. 5,000 or with jail time of up to 3 months, or both2. The applicable fine amount might vary across states. 

Given below are the fine amounts for two states:

State Type of Vehicle Fine Amount (In INR)
Delhi Not applicable 5,000
Karnataka Two/Three-Wheeler 1,000
Light Motor Vehicle 2,000
Others 5,000
  1. Section 4(1), The Motor Vehicles Act, 1988. [↩] [↩]
  2. Section 181, The Motor Vehicles Act, 1988. [↩]

Cancelling Bail

In cases where the Court feels that during the various stages of the proceeding, a person is:

  • Intimidating, bribing or tampering with the witnesses,
  • Trying to abscond or flee. 

Then the Court may cancel the bail, and re-arrest the person. This is applicable to both bailable and non-bailable offences. Cancellation happens if the person’s conduct subsequent to his release may hamper the proceedings of the case and the possibility of a fair trial. 

Duties of Police During Arrest

Inform

Within 12 hours of the arrest, the police officer has to inform the police control room of 

  • your arrest
  • the place where you are being detained.

Investigate

The police will conduct an investigation and maintain a case diary during the investigation. The case diary is a daily diary kept by an officer detailing all that happens in an investigation. He will need to provide a copy of the entries in the case diary to the Magistrate. 

Chargesheet

Based on the investigation the police will then file a charge sheet. The charge sheet should be filed within 90 days if the accused person is in the custody of the police. 

FIRs filed for Women Related Offences

If you want to give information about any of the following offences, then such information has to be registered by a woman police officer or any other woman officer: 

  1. Grievous hurt by use of acid
  2. Voluntarily throwing or attempting to throw acid
  3. Assault or criminal force on a woman with the intent to outrage her modesty
  4. Sexual harassment 
  5. Disrobing 
  6. Voyeurism 
  7. Stalking
  8. Rape 
  9. Rape causing death or persistent vegetative state
  10. Rape by husband when spouses were separated
  11. Gang Rape 
  12. Outraging the modesty of a woman by words, gestures or actions

For offences committed from C to L mentioned above, if the same was committed or alleged to have been committed on someone who is suffering from some mental or physical disability (both temporary or permanent), then such information will be recorded by a police officer at their residence or any place that is convenient to the person reporting. Depending on the circumstances, they can even request an interpreter or a special educator.

 

Dangerous Driving

If you drive a motor vehicle at a speed or in a manner which is dangerous to the public, or which causes a sense of alarm or distress to the occupants of the car, other road users and persons near the road, it is known as dangerous driving1. Listed below are some instances of dangerous driving:

 

  • Jumping a red light. 
  • Violating a stop sign. 
  • Using any handheld communication devices, like mobile phones, while driving. 
  • Passing or overtaking other vehicles unlawfully. 
  • Driving against the flow of the traffic, such as driving on the wrong side. 

If you drive dangerously, you will face jail time between six months to a year, or a fine between Rs. 1,000 to Rs. 5,000, or both, for the first offence. For every subsequent offence, if committed within three years, you will be punished with jail time of up to 2 years, or a fine of Rs. 10,000, or both1. The applicable fine amount might vary across states. 

Given below are the fine amounts for two states:

 

State Frequency of Offence Fine Amount (In INR)
Delhi First Offence 1,000 – 5,000 
Any Subsequent Offence 10,000
Karnataka First offence   1,000 – 5,000

(Not including the fine for the use of handheld communication devices while driving)
Any Subsequent Offence 10,000
  1. Section 184, The Motor Vehicles Act, 1988. [↩] [↩]

Bail for Non-Bailable Crimes

Some cases where you can be granted bail when charged with a non-bailable offence are:

  • If it appears to the officer or the court at any stage of the inquiry or trial that the accused has not committed the non-bailable offence, then the accused can be granted bail. 
  • If the trial of a person accused with non bailable offence takes more than 60 days, and the person has been in jail all this while, then the court can release him and grant him bail.

Arresting a Woman

Apart from all the rules that need to be followed while making an arrest, the police also have to keep a few important things in mind while arresting a woman. They are: 

  • A woman cannot be arrested after sunset and before sunrise (unless in exceptional circumstances). 
  • A lady constable has to be present when a woman is being arrested. 

In the exceptional circumstance when the woman has to be arrested at night, the woman police officer has to take permission in writing from the local Judicial Magistrate. 

However, to some extent, the Supreme Court has relaxed this rule. If the arresting officer is reasonably satisfied that if the lady officer is not available and the delay in getting the lady officer would impede/obstruct the investigation, he can carry on with arresting the woman. But he has to provide, in his arrest memo, the reasons and circumstances for his actions either before the arrest or immediately after. 

Chargesheet

Once you have reported the crime by filing an FIR, the officer in charge must send the report to a Magistrate, who will take note of the case without any unnecessary delay, and proceed with the investigation. This is a mandatory step that the police have to follow, as it allows the Magistrate to take control of the investigation, and if necessary give appropriate directions to the police.

The police will investigate the facts and circumstances of the case, and if necessary, take measures to find and arrest the person committing the crime. If the police officer feels that the case is not of serious nature, he may appoint a subordinate officer to do the investigation. Also, if they think that there are no sufficient grounds to investigate further, they may not do so. 

When the Police are done with their investigation and have found enough evidence to proceed with a criminal case, they file a charge sheet. However, after investigation, if they have not found anything proving the commission of a crime, they will suggest closing the case by filing a closure report to the Magistrate.

It is the filing of the charge sheet where the trial of a criminal case begins. The police do not have a time limit to file the charge sheet or a closure report. Even the Magistrate cannot compel the police to file the charge sheet in a particular period of time. But if the person accused of a crime is in jail, then they have either 60 days (where the punishment for the crime is less than 10 years) or 90 days (where the punishment of the crime is more than 10 years) to file the charge sheet. 

 

Triple Riding on a two wheeler motorcycle

While driving a two-wheeled motorcycle, you have to make sure that: 

  • Only two people, including the driver, are sitting on the two-wheeler motorcycle1. 
  • The second person should be sitting on a proper seat, which is securely fixed to the two motorcycles1. 

If you violate these two conditions given above, you can be:

  • Fined for at least Rs. 1,000, although the applicable fine amount might vary across states.  
  • Disqualified from holding your driving license for a period of three months2. 

Given below are the fine amounts for two states:

State Fine Amount (In INR)
Delhi 1,000
Karnataka 500

 

  1. Section 128(1), The Motor Vehicles Act, 1988. [↩] [↩]
  2. Section 194C, The Motor Vehicles Act, 1988. [↩]

Anticipatory Bail

The law allows a person to apply for bail even when he has not been arrested, but fears arrest in the near future. This type of bail is known as anticipatory bail. The police cannot arrest a person who has an anticipatory bail order.  

 

Anticipatory bail will kick in only when an FIR is filed against you or if the police have come to arrest on the basis of the FIR. It isn’t available in all states; such as Uttar Pradesh in cases of crimes against women.  

 

Often, fake and frivolous cases are filed against other people. This leads to harming of reputation and time of other persons. To avoid such problems, a person, if they have reasons to believe that they may be arrested for a non-bailable offence in the future, can apply for bail in the High Court or the Court of Session even before they are arrested. If the court finds good reasons for this bail application, then the court may allow for bail. When an application for anticipatory bail is finally being heard, it is compulsory for the person applying for this bail to be present before the Court. 

 

The protection provided by this type of bail is only for a limited period and generally till the police have framed the charges against you. However, one can make an application to the High Court to have this period of anticipatory bail extended.

 

Authority to Arrest

While different authorities in law have the right to make arrests, they are generally carried out by the police. Please read our explainer to understand more about arrests by police.

Besides the police, the law also gives power to Magistrates, to arrest people and take them into custody, if the person has committed an offence. There are two types of Magistrates i.e. Executive Magistrates and Judicial Magistrates. An example of an Executive Magistrate is Tehsildar. A Judicial Magistrate is a judge.  

Under certain circumstances, the law does permit ordinary people to make arrests if they witness someone committing a very serious crime. In such cases, the person arresting can’t detain them but instead must take them to the nearest police station without any unnecessary delay and hand them over to a police officer.