Arrest, Bail, and Your Rights: Explained Simply - video Dailymotion

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5 months ago

Why do some people get arrested instantly while others walk free?

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00:00We've seen it in films and on the newsreels.

00:03Cops barging in, arresting someone, taking them away.

00:06Some land in jail, others walk free after a few hours at the police station.

00:11So what is all this?

00:12Why do some people get arrested instantly, while others get bail on the spot?

00:18Let's break this down.

00:23There are types of offences under criminal law, which are classified in two main ways.

00:29Cognizable vs. non-cognizable and bailable vs. non-bailable.

00:34This classification depends on how serious the offence is and what kind of punishment it carries.

00:40Cognizable offences are those where the police can file an FIR, start investigating immediately

00:46and arrest someone without a warrant, especially if a cop sees someone do the crime.

00:52For example, a murder, rape, terrorism, hate speech, most sexual assault cases.

00:57A non-cognizable offence is where the police cannot investigate or arrest without permission

01:03from a magistrate.

01:04They need a warrant.

01:06For example, defamation, public nuisance, selling adulterated food or breaking quarantine.

01:11Someone has to complain and then the magistrate gives permission.

01:15Then there are bailable and non-bailable offences.

01:18A bailable offence is where the accused has a right to get bail.

01:21They sign a bond and walk free with the promise to appear in court.

01:24This usually applies to minor crimes with punishment of less than 3 years.

01:30For example, rash driving, maybe even eve-teasing, protesting after being told to disperse.

01:35Non-bailable offences, on the other hand, are where bail is not automatic.

01:40You need to apply before a court.

01:42You may need to give a surety bond or a deposit and spend time in jail till your bail is granted.

01:48This covers theft, extortion, sexual assault, forgery and a lot of other offences.

01:54Some offences fall into mixed categories.

01:57Something can be cognizable but at the same time bailable, which means police will arrest

02:01you but you will get bail immediately.

02:03Like rash driving.

02:05It can be a non-cognizable and non-bailable offence, which means that the police cannot

02:10arrest without court permission but once they do, you go to jail until the bail is granted.

02:16For example, forgery of court records.

02:19But please note, even if the offence carries less than 3 years of jail time, which is usually

02:25a bailable offence, lawmakers have made some exceptions.

02:29Examples are chain snatching, defiling a place of worship.

02:32These have been made non-bailable even though the punishment itself is under 3 years.

02:37So what are your rights in these situations?

02:40Even in a serious case, the law provides safeguards.

02:44The police must explain why you are being arrested.

02:47If there is a warrant, they must show it to you.

02:50You have a right to get a lawyer and the police must present you before a magistrate within

02:5624 hours of your arrest.

02:58They must justify that arrest with evidence.

03:00So the next time someone says police can arrest anyone, anytime, not quite.

03:06There is a legal framework behind every arrest and there are rights to protect you no matter

03:12what the crime is.

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