Legal Question in Criminal Law in India
Bail under senior citizen act 2007�
Sir,
I along with my parents had apprehension of facing false 498-A case & other criminal cases and some one told me that every offence is bailable under senior citizen act. I need your guidance for knowing the exact meaning of section 25(1) and 25(2) of �senior citizen act 2007�, stated as:-
25 (1) Not withstanding anything contained in the code of criminal procedure,1973 every offence under this act shall be congnizable and bailable.
(2) An offence under this act shall be tried summarily by a magistrate.
Does this mean that �bail becomes matter of right� for senior citizens in every crime(murder,rape, 498-A etc.) like other bailable offences in which the accused can claim bail as a matter of right and Police is supposed to release such an accused on bail if he is prepared to give bail at any time while he is in the custody of a Police Officer ?
4 Answers from Attorneys
Re: Bail under senior citizen act 2007�
YOUR understanding of law may not be correct; every offence may mean only "offences" under the SS Act and not under IPC. e.g. an offence of murder u/s 302 may not be converted into "bailable" by SS Act.
Re: Bail under senior citizen act 2007�
No, SS Act covers offence under that Act only and not IPC.
Re: Bail under senior citizen act 2007�
No IT mean, the offences mentioned uneder SSAct only and not IPC. If you have fear of arrest of your parents then there is another way to save them. publication etc.
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Re: Bail under senior citizen act 2007�
That Act is for maintenance and welfare of parents and senior citizens.
The sections referred to by you are about the offences under the Senior Citizens Act, 2007 and not under other penal laws.
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