thanks alot sir...wase ap ki is help k samne muje thanks bht chota lgta hai... sir... kash m apko mil skti or.. apke lie kush kr skti to jrur krti.. apke teaching ki koi rees nhi hai.. sir ap itna acha prahte ho
thank you so much sir, may god bless you, to achieve your dream. Today we will learn about section 437 under criminal Procedure Code 1973, it deals with bail in non bailable offences, the offence under section 437 is for non bailable(गैर जमानती अपराध) offence and previously we have read about section 436 which deals with bail in bailable offences(जमानती अपराध). Under section 436 we have understand that bail is a right of an accused if he is able to furnish all the conditions in the bill which has been written down is eligible to get it, here it is mandatory. However under section 437 where the offence is non bailable which is actually a severe offence under it,so here it is not a right of the accused to get a bail. It is the discretion on the court of law, as if the quote see that the circumstances are in the favour of the accused and he can be released on the bail then he can be set free, and if the court things that you should not be released on the bail then the accused cannot claim it as a right. Section 437 now we will understand it it stated that if any accused or any person is suspected under non bailable offence, and police arrested him without warrant and he appears in front of the court or was carry by the police officers, except the High Court and the court of session, as another court if he appears so the presiding judge can released him on a bail, (section 437 sub section 1 stated very clearly then he may be released on bail), so here the point which you have to Understood is that( when there is a word which state in it that the 'may' its means that the discretion of the court(the court is not bound here) and where the shall word has been used it is stated that the its mandatory of court to allowed). But this description of the court will not to work, on the will of the court, where if it likes it or not like it is good or bad related to that person, it will not gonna work this way, it has to be guided by the principle of law, on the judicial principle he will be released, there are many precedent in the court of law, which guided by this principle where the bail application is rejected by the court or accepted by the court decide the reason of it, as what are the points considered by the court we will see it. There are two more points subsection 1, which are actually exception to it this point- these points state that if they are fulfilled then the accused will not be able to get a get a bail. The first point is that '' if the offences are the charges put against him, give the punishment of death penalty or life imprisonment Secondly, he will not be released on a bail, if he has been convicted previously in the past history of it, for the offences, it was a death penalty or life imprisonment, or punishment for more than 7 years. (such person shall not be so released if such offence is a cognizable offence and he has been previously convicted of an offence convicted with death, imprisonment for life or imprisonment for 7 years or more). or previously he has been under two or more than two cognizable offences he has been convicted under which the offences which has been put in on him the sentence under them was punishable with imprisonment for three years or more, but not less than 7 years. But there are exception to it which are added through the proviso which stated that that person will be eligible for getting bail in this kind of circumstances which are following below- as the person who has been accused he is less than 16 years of age or a woman or a sick person or insane, or is the court feels that there are just and reasonable ground to grant bail the court can do so. A bail of a person will not be rejected on the ground nearly that the witness will come and identify the accused and that's why he is not being released by the court. The provision related to it is stated that when the accused has been charged for an offence which is trial by the court as a death penalty or imprisonment for life or imprisonment for 7 years or more than this, this person will not be released on a bail until the court has hear the public prosecutor. Subsection 2 of section 437, up after look into the case the police officer or the court things that office which he has done is not come under non bailable offence then that person will be released on the bail, and things that there should be some more inquiry should be done then also it should be released on the bail, by executing a bond. The sub section 3 of section 437 stated that if any person is accused or suspected for an offence which is punishable is 7 years or extend to more, or any office which come under Indian penal code of 1860 under Chapter 6, 16 or 17, related to abetment or conspiracy to attend, in suspected or an accused he can be released on bail. As the whole we will understand that the bail is depend on the discretion of the court, as now what will the court see,first as we are releasing him on a bail whenever we call him to the court will he be able to appear in front of it, he will not run away from the jurisdiction of the court,or outside India, as the offences has been put against him what gravity they hold is also important, and after looking at all the evidence the court things that this person is capable of doing this crime as it is reasonable for him to do so, the court will look at many circumstances to get a doubt on him as what is the age of him, when did, or after releasing him he me be thread to the witnesses, or vanish all the evidence against him.or He will do the same crime after being released. subSection 4 of section 437 state that an officer or a court releasing any person under subsection 1 of sUBsection 2 of record in writing his reason for a special reason of it. Subsection 5 of section 437 any Court which has released a person on a bail under subsection 1 or subsection 2(basically sub-section 5 talk about the cancellation of bail, as where once the court granted bail and after looking at that the person behaviour is not appropriate to grant a bail, hear the court can cancel his bail and ask the police officer to arrest the person again. Subsection 6 if a case is trial by the court of magistrate(the trial of a person of an accused for a non bailable offence is not concluded within the period of 60 days,the first date which is fixed for taking evidence in the case such person shall if he is in the custody during the whole of the set period. Be released on the bail to the satisfaction of the magistrate, unless the reason should be recorded in writing as the magistrate otherwise is direct. Subsection 7 if at any time after the conclusion of a trial of a person, accused of a trial of a non bailable offence before the judgement is delivered, the court is of opinion that there are reasonable ground of believing that the accused is not guilty of any of such offence.(the Simple that before the judgement has come as in between the trial the court in the point of that the accused has not done the offences which are charged against him then he can be set free as according to the bail) it shall released if he is in custody on the execution by him of a bond without surety.
Kal मेरा पेपर है और मै 3 दिन पहले से पढ़ लेता हु और पुरा samester mere cover हो जाता है बहुत अच्छे तरीके से नजीब भाई समझाते है एकदम clearly समझ आ जाता है ❤love u sir ji
Thanks a lot sir...I am a student of b.a.llb course & tomorrow is my crpc exam.. I can't understand the provision of this section now it's clear a lot to me...🙏
Non bailable offence सिर्फ पुरुषों पर लागू होगा महिलाओं पर क्यों नहीं. उन्हें क्यों exception पर रखा गया है. महिला पुरुषों से किसी भी लेवल मे कम नहीं है. अब कानून को भी महिलाओं के प्रति सोच बदलना चाहिए.
1. Start your preparation of Judicial Service at home with our membership plan. For more details drop a message on WhatsApp on this number : 8840961324 or visit this link WhatsApp. wa.me/message/KQFV6VUK5AIWB1 2. Follow us on: Instagram: instagram.com/theoryofabrogation?igshid=YmMyMTA2M2Y= 3. Twitter:mobile.twitter.com/NajeebU83984530 4. Facebook: facebook.com/theoryofabrogation
Very nicely explained, very good voice & clean pronunciation.. It will help me.. . Moreover, it is my personal opinion and request to you, if possible, you can take an initiative to provide legal advice freely through WhatsApp to the poor people that they don't misguide by the police or any layer.. And sharing all these from my personal experience.. . Best of luck . .
under clause 2 of sub section 1 of section 437 it is. written in last line three years or more but not less than seven years what does it means if seven years or more written then why three years has been written there ??
Brother, you are requested to remind your lecture , Bail in non bailable section - Either 497 or 437 , Bail in Bailable Section - Either 436 or 496 which will be correction?
You did not focussed on latter part of sec 437 (1) (ii).....''imprisonment for 3 years or more but not less than 7 years '' iska matlab kya hai please reply
the part i did not understand is '...... accused will not be released on bail..... if he was previously convicted twice for a cognizable offence punishable with imprisonment of 3 years or more.. but not less that seven years" .... what does not less than 7 years mean here? shouldn't it be... 'less the 7 years'?
My friends facing sec 120 B, 420,467,468,471 in fake id like pan card, voter id etc. My question is how to get bail out. They're in jc from 25 jan 20 to till now. Plz. Reply.....
Sir teen saal ya teen saal se jyada but not less than seven years iska kya mtlab hai 3 se jyada hai tou 7 se km nhi hi hoga na sir plz explain. Btw great explaination thank u sir
Is reitreating or reproducing the content and phrases used in concerned section,however,sometime makeing few of them bilingual is a worthy information?
Thoda aur detail me bnaaiye isko thoda confusion h isme officer in charge b bail de skta h apne discretion pr sub sec 2 me to de skta h sub sec 1 me de skta h ya nhi agr nhi de skta h to fr sub sec 4 me kyu mention kia gya h ki reason to be recorded in writing
Ok sir actually in case of 498A of IPC jo cash security se release hote hai.. to kya unhe sureties produce karne ki zarurat nai hai kya... as per sec 496 to 499 of CRPC Plz reply
Non bailable warrant through MEA has been issued to my nri husband living in Canada under 105 CrPC .Can u please tell or make video on 105 CrPC that I may know what exactly the procedure is .Some are telling that he will get arrested in Canada .But I don’t know at all what will happen or not .Any advice would be great .Well my husband cheated me and took Dowry and fir has been issued against him.I really want to teach lesson to him .
Bhai vo offence jo 3saal sa kaam hai are bailable but jo 3saal sa zyaada hai are not bailable jaise ke murderer cases ya koi v serious crime jisme punishment 3saal sa upper ho smjee bhai..
thanks alot sir...wase ap ki is help k samne muje thanks bht chota lgta hai... sir... kash m apko mil skti or.. apke lie kush kr skti to jrur krti.. apke teaching ki koi rees nhi hai.. sir ap itna acha prahte ho
Aapka itna bola hi bahut hai mere liye..Sunke bahut utsah badhta hai, Mamta jee
sir ap free m itni help krte ho jo aj kal koi nhi krta ..m hjaro tak pay krchuki hu tution pr lakin vo vi itna acha nhi smjate seriously thanks sir ..
Chaliye bahut acha ab kamse kam aapko samaj aaraha hai theek se sab kuch!
Kya 437(1) me police wala bail de sakta h kya
Nice way of teaching according to bare act
I am law student at university, i salute you sir, what a great explanation, given by you
Sir,really no one can explain like u...Ur lecture is like a beautiful girl and extremely I'm fell in love with Ur lecture
thank you so much sir, may god bless you, to achieve your dream.
Today we will learn
about section 437 under criminal Procedure Code 1973, it deals with bail in non
bailable offences, the offence under section 437 is for non bailable(गैर
जमानती
अपराध)
offence and previously we have read about section 436 which deals with bail in
bailable offences(जमानती अपराध).
Under section 436 we
have understand that bail is a right of an accused if he is able to furnish all
the conditions in the bill which has been written down is eligible to get it,
here it is mandatory.
However under section
437 where the offence is non bailable which is actually a severe offence under
it,so here it is not a right of the accused to get a bail.
It is the discretion on
the court of law, as if the quote see that the circumstances are in the favour
of the accused and he can be released on the bail then he can be set free, and
if the court things that you should not be released on the bail then the
accused cannot claim it as a right.
Section 437 now we will
understand it it stated that if any accused or any person is suspected under
non bailable offence, and police arrested him without warrant and he appears in
front of the court or was carry by the police officers, except the High Court
and the court of session, as another court if he appears so the presiding judge
can released him on a bail, (section 437 sub section 1 stated very clearly then
he may be released on bail), so here the point which you have to Understood is
that( when there is a word which state in it that the 'may' its means that the
discretion of the court(the court is not bound here) and where the shall word
has been used it is stated that the its mandatory of court to allowed).
But this description of
the court will not to work, on the will of the court, where if it likes it or
not like it is good or bad related to that person, it will not gonna work this
way, it has to be guided by the principle of law, on the judicial principle he
will be released, there are many precedent in the court of law, which guided by
this principle where the bail application is rejected by the court or accepted
by the court decide the reason of it, as what are the points considered by the
court we will see it.
There are two more
points subsection 1, which are actually exception to it this point- these
points state that if they are fulfilled then the accused will not be able to
get a get a bail.
The first point is that
'' if the offences are the charges put against him, give the punishment of
death penalty or life imprisonment
Secondly, he will not
be released on a bail, if he has been convicted previously in the past history
of it, for the offences, it was a death penalty or life imprisonment, or
punishment for more than 7 years.
(such person shall not
be so released if such offence is a cognizable offence and he has been
previously convicted of an offence convicted with death, imprisonment for life
or imprisonment for 7 years or more).
or previously he has
been under two or more than two cognizable offences he has been convicted under
which the offences which has been put in on him the sentence under them was
punishable with imprisonment for three years or more, but not less than 7
years.
But there are exception
to it which are added through the proviso which stated that that person will be
eligible for getting bail in this kind of circumstances which are following
below- as the person who has been accused he is less than 16 years of age or a
woman or a sick person or insane, or is the court feels that there are just and
reasonable ground to grant bail the court can do so.
A bail of a person will
not be rejected on the ground nearly that the witness will come and identify
the accused and that's why he is not being released by the court.
The provision related
to it is stated that when the accused has been charged for an offence which is
trial by the court as a death penalty or imprisonment for life or imprisonment
for 7 years or more than this, this person will not be released on a bail until
the court has hear the public prosecutor.
Subsection 2 of section
437, up after look into the case the police officer or the court things that
office which he has done is not come under non bailable offence then that
person will be released on the bail, and things that there should be some more
inquiry should be done then also it should be released on the bail, by
executing a bond.
The sub section 3 of
section 437 stated that if any person is accused or suspected for an offence
which is punishable is 7 years or extend to more, or any office which come
under Indian penal code of 1860 under Chapter 6, 16 or 17, related to abetment
or conspiracy to attend, in suspected or an accused he can be released on bail.
As the whole we will
understand that the bail is depend on the discretion of the court, as now what
will the court see,first as we are releasing him on a bail whenever we call him
to the court will he be able to appear in front of it, he will not run away
from the jurisdiction of the court,or outside India, as the offences has been
put against him what gravity they hold is also important, and after looking at
all the evidence the court things that this person is capable of doing this
crime as it is reasonable for him to do so, the court will look at many
circumstances to get a doubt on him as what is the age of him, when did, or
after releasing him he me be thread to the witnesses, or vanish all the evidence
against him.or He will do the same crime after being released.
subSection 4 of section
437 state that an officer or a court releasing any person under subsection 1 of
sUBsection 2 of record in writing his reason for a special reason of it.
Subsection 5 of section
437 any Court which has released a person on a bail under subsection 1 or
subsection 2(basically sub-section 5 talk about the cancellation of bail, as
where once the court granted bail and after looking at that the person
behaviour is not appropriate to grant a bail, hear the court can cancel his
bail and ask the police officer to arrest the person again.
Subsection 6 if a case
is trial by the court of magistrate(the trial of a person of an accused for a
non bailable offence is not concluded within the period of 60 days,the first
date which is fixed for taking evidence in the case such person shall if he is
in the custody during the whole of the set period. Be released on the bail to
the satisfaction of the magistrate, unless the reason should be recorded in
writing as the magistrate otherwise is direct.
Subsection 7 if at any
time after the conclusion of a trial of a person, accused of a trial of a non
bailable offence before the judgement is delivered, the court is of opinion
that there are reasonable ground of believing that the accused is not guilty of
any of such offence.(the Simple that before the judgement has come as in
between the trial the court in the point of that the accused has not done the
offences which are charged against him then he can be set free as according to
the bail) it shall released if he is in custody on the execution by him of a
bond without surety.
Thanks
Kal मेरा पेपर है और मै 3 दिन पहले से पढ़ लेता हु और पुरा samester mere cover हो जाता है बहुत अच्छे तरीके से नजीब भाई समझाते है एकदम clearly समझ आ जाता है ❤love u sir ji
Sir आभार व्यक्त करता हु आपको kya hi great लेक्चर है sir, मे आपका परमानेंट falovar हु सर
Sir u r doing great job im shabana from pakistan your lectures helped me a lot jeetay rahain
Your way of teaching is so Amazing.. you are doing great work, thank you so much.
Thncx sir bhut easy samjhate ho asan lfzo me 😎😎apun ko agya sara smjh m note 📝 nhi kr liya
As happened in Arnab goswami case.. 🧐
Bhut acha smjate ho app sir ....ek baari m yaad ho jata h ✌
Great explanation in a very lucid and explicit manner😍😍😍
Why didn't I find you earlier, sir??? Tmrw is my exam and I am watching you for the first time at 4 am. Thank you so much, sir.
I also watching it may 4am
Then did u pass in your exam
Very very well explained
Thanks for your valuable lectures, please upload your upcoming lectures too,
Thanks a lot sir...I am a student of b.a.llb course & tomorrow is my crpc exam.. I can't understand the provision of this section now it's clear a lot to me...🙏
Thank u so much..i m a trainee of Sub inspector,assam..its very helpful for me
Non bailable offence सिर्फ पुरुषों पर लागू होगा महिलाओं पर क्यों नहीं.
उन्हें क्यों exception पर रखा गया है.
महिला पुरुषों से किसी भी लेवल मे कम नहीं है. अब कानून को भी महिलाओं के प्रति सोच बदलना चाहिए.
As per Article 15 (3)of constitution of india
Sir, many thanks to u .
Ur teaching is very clear to understanding law ur really great sir.
Excellent job u r doing ......plz subject wise sare vedio daliye plz..... your teaching method is so simple which clear our concepts.....
Sania Ahmed koshish karenge
Judiciary me to hme ap hi best teacher lgte ho 🙏
بہت ہی معیاری اور اعلیٰ لیکچر ہے۔
1. Start your preparation of Judicial Service at home with our membership plan. For more details drop a message on WhatsApp on this number : 8840961324 or visit this link WhatsApp. wa.me/message/KQFV6VUK5AIWB1
2. Follow us on:
Instagram: instagram.com/theoryofabrogation?igshid=YmMyMTA2M2Y=
3. Twitter:mobile.twitter.com/NajeebU83984530
4. Facebook: facebook.com/theoryofabrogation
Non-Balebal awesome topic hmesa ki trah...or hmesha ki trah blkl clear kr dete h aap.... concept is clear 👌👌👌👌
Non bailable
thanks Sir ji
Sir it is nice and informative lecture about bail.....
Excellent explained 437 of crpc to you.
Thank u so much sir ... God bless u !!! .
sir, Can you please provide any landmark judgments for granting of bail for a woman under this section?
In punjab excise act under section 61 for 12 bottles country bail
Accused in on police bail
Regular bail can be applied before police challan???
Fabulous, very well explained
Sir when grant and when rigect BAIL with explain WITH CASE LAW plz ?
Thank you so much 💞
Sir, s.437 k second clause mein ' imprisonment for three yrs or more but not less than 7 yrs ' ka kya mtlb h....plzz smjae
Sir aap padhate achcha hai clear bhi ho jata hai bas.....leading case law chod dete hai
Very nicely explained, very good voice & clean pronunciation.. It will help me.. .
Moreover, it is my personal opinion and request to you, if possible, you can take an initiative to provide legal advice freely through WhatsApp to the poor people that they don't misguide by the police or any layer.. And sharing all these from my personal experience.. .
Best of luck . .
yes right
under clause 2 of sub section 1 of section 437 it is. written in last line three years or more but not less than seven years what does it means if seven years or more written then why three years has been written there ??
Brother,
you are requested to remind your lecture , Bail in non bailable section - Either 497 or 437 , Bail in Bailable Section - Either 436 or 496 which will be correction?
Ys that why i listen twice
Your clarity is best
You did not focussed on latter part of sec 437 (1) (ii).....''imprisonment for 3 years or more but not less than 7 years '' iska matlab kya hai please reply
Did you get it?
Vry nce ....keep updating like this
Sir u r really amazing i like ur videos*
bahut bdiya sir ji👌👌👌👌👌👌sir contract par b video bnaye plzzzz🙏🙏
बैल देने के लिए सिर्फ किसी का female होना ही पर्याप्त है. ये तो नाइंसाफी हैं भाई.
Sub sec (2) or (7) m ky .... difference hai ?? 🙄
Dono m yhi hai ki ....uchit aadhar ni hai giraftari k
Plzz help
I am wordless your teaching way is very clear and very helpful for me 😊
All the best teaching Khan Sahab
Shukriya bhai apne 437 ke sare doubts clear kar diye
Sir..437(A) mei kya ayega
Thanku sir ..apki video mei explain bhut asha kiya hota hai
Very important video thanks sir i like this
Sir 437(a) cover nahi kiya aap ne in case of acquittal
Brother, kya aap bta skte h ki ek question me 8-10 section kaisey deal krte h or uske sub sections ko, academic exam me.. please reply.
the part i did not understand is '...... accused will not be released on bail..... if he was previously convicted twice for a cognizable offence punishable with imprisonment of 3 years or more.. but not less that seven years" .... what does not less than 7 years mean here? shouldn't it be... 'less the 7 years'?
Sir plz plz UP Gunda Act and gangster Act pr bhi Full video bnaiye
My friends facing sec 120 B, 420,467,468,471 in fake id like pan card, voter id etc. My question is how to get bail out. They're in jc from 25 jan 20 to till now. Plz. Reply.....
sir d way u explain..nobody does on you tube..sir pls request if u ll cover all d sections
Sir please make a video about cancellation of bail under section 439(5).
Why this is not applicable on HC and sessions court ?
Nicely explained sir ji
Sir, ye Bail kb tk rhegi...like trial ke conclusion tk
Sir teen saal ya teen saal se jyada but not less than seven years iska kya mtlab hai 3 se jyada hai tou 7 se km nhi hi hoga na sir plz explain. Btw great explaination thank u sir
Sir plz reply it's urgent bail with warrant case m nahi milegi kya
Thank you so much sir.
No one can explain like you sr
bhai aap ek bhoot hi acha kam kar rhai hai
Sir bail k security ko kese redeem kare disposal k baad??
Example नहीं बताए आज एक्सपल से आसानी से समझ आता है तो example jarur बताया करो ⭐❤️⭐❤️⭐❤️⭐❤️
Thank you ur videos are very helpful for me.🙏🙏 Can you please upload some video of administrative law
ek video CRPC ke steps ki bna dijiye ya koi chart upload kr dijiye
Is reitreating or reproducing the content and phrases used in concerned section,however,sometime makeing few of them bilingual is a worthy information?
Sir 439 and 437 kya untar hai
sir section 437A pr bhi video banayen plzz
Why was Vikas Dube not REFORMED in first crime or hanged in first murder
Thoda aur detail me bnaaiye isko thoda confusion h isme officer in charge b bail de skta h apne discretion pr sub sec 2 me to de skta h sub sec 1 me de skta h ya nhi agr nhi de skta h to fr sub sec 4 me kyu mention kia gya h ki reason to be recorded in writing
Ok sir actually in case of 498A of IPC jo cash security se release hote hai.. to kya unhe sureties produce karne ki zarurat nai hai kya... as per sec 496 to 499 of CRPC
Plz reply
Thanks sir
Crpc ka section 395 and 396 aur 397 pe video banaye
Please
Sec323/341/504/34/scst act 3(2)va isme aropi nabalik hai aur comprmais lga hua hai isme bail hoga ya nahi sir please comment
Non bailable warrant through MEA has been issued to my nri husband living in Canada under 105 CrPC .Can u please tell or make video on 105 CrPC that I may know what exactly the procedure is .Some are telling that he will get arrested in Canada .But I don’t know at all what will happen or not .Any advice would be great .Well my husband cheated me and took Dowry and fir has been issued against him.I really want to teach lesson to him .
Whether Police officier can grant bail in case of non bailable offence on bond or not?
Yes in 437 can
Sir what is the meaning of "for term three year or more but not less than seven years😥
Four hundred and thirty six ..ki जगह आप four thirty six use करे जी
Sir plz make a video on sec 436a crpc
Sir bail of bailable and non bailable offence ki bail file hogi court of first class mai ????
U become my senior after watching ur video.u r doing great sirG.do u have written any books with this type of simple language?
No of course
Sir 3 year more but not less than seven years what does it mean i didn't get it please clear my doubt
Bhai vo offence jo 3saal sa kaam hai are bailable but jo 3saal sa zyaada hai are not bailable jaise ke murderer cases ya koi v serious crime jisme punishment 3saal sa upper ho smjee bhai..
Owesome lecture sir
Sir,under Section 436 and 437 of Crpc,whether bail is granted by both police officer and Court?
Yes
Thank u Sir.
Thank you sir.
I bail Confirmation kya hota hai?
Sir agar District court me bail reject ho gayi to kya high court me sec 167 Ka benefit liya ja sakta hai sec 302,307,arms act
Good knowledge...
He has been Guilty of an offence...
Present case me ?
U r getting popular
Section 446 forfeited ka v lecture do na plzzz...
Or 20 , rule 9-18 pls Sir karwaooo
Sir, Section 437(7) crpc has been inadvertently wrongly explained, although, I appreciate your explanation
Mast hai
Thanks a lot sir😊😊
Thank you sir ....there is a request if u could explain sec 446A which is mentioned in 437(2)
Nice work
Aapki video ki wajah se Maine coaching nahi ki
Thanks ji
How to write application/format sec.317,437,438,439
Wonderful explanation but sir it's not proveeesoooo it's provaaaeeeesooo