Commonly Asked Questions
While Filing Criminal Case.
1. What are my rights when arrested for a criminal charge?
- Informing the reason the arrest.
- If there is a warrant, demanding for it is a right.
- Consulting a lawyer is a person’s right.
- One must be presented in front of the magistrate within 24 hours of the arrest.
- If the offense is a non-bailable one, applying for a bail is a legal right.
2. Do the police always require a warrant for arrest or search?
- The requirement for a warrant for arrest or search is not a must under certain situations.
- The police can arrest in cases of cognizable offenses, narcotics drugs and psychotropic substances (NDPS) act, obstruct a police officer on duty, without a warrant.
- The police can search without a warrant in cases of when the owner gives voluntary permission, evidence is visible on the property, the person’s property who is arrested, situations when waiting for a warrant would jeopardize public safety or lead to loss of evidence.
3. What is the remedy for a non-bailable offense?
- The most common remedy for a non-bailable offense is an anticipatory bail.
- The following are the situations when anticipatory bail can be issued:
- When someone has a reason to believe they may be arrested for a non-bailable offense.
- When the court considers the nature and gravity of the offense
4. Can a person be convicted only on the basis of a confession?
- Due to chances of false confession in the court of law, only a confession is not enough to convict an individual for a crime. The confession has to be supported by evidence to be considered for conviction on its basis.
5. Does involuntary intoxication count as a defense for a crime?
- If the said intoxication is involuntary, then it can be used as a defense in the court of law.
- Proving the due to involuntary intoxication did not help in making a sound decision which led to the committing of the crime, it can be used as a defense.
