Law of FIR , Arrest & Bail

Description

Here is a concise overview of the Law of FIR, Arrest, and Bail under Indian criminal jurisprudence:

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LAW OF FIR, ARREST AND BAIL (INDIAN LEGAL SYSTEM)

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1. First Information Report (FIR)

Definition

FIR is the information given to the police under Section 154 of the Code of Criminal Procedure (CrPC), 1973 regarding the commission of a cognizable offence.

Key Features

Must relate to a cognizable offence (police can arrest without a warrant).

Can be oral or written.

Mandatory to register by police if the information discloses a cognizable offence (as per Lalita Kumari v. Govt. of U.P., 2013).

A copy must be given to the informant free of cost.

FIR is not substantive evidence but can be used for corroboration or contradiction.

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2. Arrest

Definition

Arrest is the restraint of a person’s liberty by legal authority in connection with a criminal offence.

Types of Arrest

With warrant – issued by a Magistrate.

Without warrant – by police under Section 41 CrPC for cognizable offences.

Rights of the Arrested Person