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Gama & Another v State of Uttar Pradesh (India)

An Indian court found that the principle of res judicata (i.e. the rule that the same case cannot be heard twice) does not apply to bail application. For that reason, the accused could make a second application to the same court without any new evidence.

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Section 437 of the Code of Criminal Procedure (India)

(3) The Court may impose any condition which the Court considers necessary – (a) in order to ensure that such person shall attend court; or (b) in order to ensure that such person shall not commit an offence similar to the offence of which he is accused or of the commission of which he is […]

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Philippines Bail (Rule 114) Nature

In the Philippines, the following types of bail are common: Corporate bond: The bail security is covered by the company of the accused; Property bond: The accused has to put up property as a guarantee for bail; and Cash deposit: The accused has a pay an amount of money that they will get back if […]

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Pakistan Code of Criminal Procedure

The Pakistan Code of Criminal Procedure distinguishes between bailable and non-bailable offences. Bailable offences are less serious offences where a person has a right to bail, as long as they can meet the conditions that are attached to bail (bail conditions are discussed below). The non-bailable offences are split into two categories: (1) Offences not falling […]

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State Of Rajasthan, Jaipur v. Balchand (India)

The Indian Supreme Court ruled that the basic rule is bail, not jail, except where there is a risk the accused may flee from justice, interfere with the course of justice, repeat offences or intimidate witnesses.

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Arnesh Kumar v The State of Bihar (India)

It was alleged that the claimant demanded a dowry payment from his future wife’s family and drove his future wife out of his home when she refused. He was then arrested for requesting a dowry payment. After not being granted bail, the claimant brought a challenge to the Indian Supreme Court. The court noted that […]

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The Indian Constitution, Article 21

“No person shall be deprived of his life or personal liberty except according to a procedure established by law.” An example of the right to liberty protected under a national constitution.

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Myanmar Code of Criminal Procedure

This sets out the police powers of arrest and detention in Myanmar, as well as procedural safeguards in this area. In Myanmar, the police are not under an obligation to inform people of the reasons for arrest. This is also the case in Brunei, Saudi Arabia and the United Arab Emirates.  In Myanmar, you do […]

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The Constitution of Bangladesh, Article 33

“No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds of such arrest nor shall he be denied the right to consult and be defended by a legal practitioner of his choice”

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The Healers of Chhattisgarh 

Indigenous healers in Central India are struggling in the face of legal and environmental challenges. When the Forest Rights Act was passed in India in 2006, it was identified as an ‘act to recognise and vest the forest rights and occupation in forest land in forest-dwelling Scheduled Tribes and other traditional forest dwellers, who have been […]

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