Being aggrieved of the ruthless comments made upon Birbal by Akbar (His Majesty) in front of the entire Darbar, Birbal has decided to file a Defamation Complaint before the Court of Law. (If you feel clueless, read the first paragraph of - PREVIEW OF DEFAMATION COMPLAINTS PROCEDURE ) Also, Birbal is clueless about the legal process, so he approached Me ( Note: this anecdote is fictional, if you have not realized till now). I had to tell him the following information to make him aware about “Defamation Case Procedures in Indian Courts” in exchange of some legal-fee of course: SECTION 499: Defamation is a Criminal offence under Section 499 of Indian Penal Code . This legal provision contains the legal definition of ‘Defamation’, which has to be followed by Courts and the judicial fraternity in order to convict or acquit an Accused person. Short-Gyan: Did you know that making defamatory comments against a dead individual is also a criminal defamation offence! PUNISHMENT: Upon
This shorticle, being the last-one from the series – “HOW TO INITIATE/DEFEND CRIMINAL ACTION” , focuses on the very last activity that an Accused person has to undergo so as to obtain Bail. QUICK RECAP: 1. Accused is arrested. 2. Accused is produced before Magistrate. 3. Magistrate confirms the same and decides to continue his Police custody. 4. After some time, Magistrate decides to change the custody from Police custody to Judicial Custody (i.e. in Jail as undertrial prisoner). 5. Advocate of Accused files a Bail Application before Magistrate. 6. Magistrate grants Bail to Accused after executing a CERTAIN AMOUNT OF BOND or SURETY , and also imposes certain CONDITIONS . WHAT IS BOND and SURETY & WHAT ARE THESE CONDITIONS: The Judge, while passing a Bail Order directs the Accused person to execute a Bond with or without Sureties for a certain amount of money. To make the above sentence a tad-bit easier, a BOND is nothing but a personal guarant