Glossary of Technical Terms

Arrest without a warrant-

An arrest without warrant is when the police arrest a person without getting an arrest warrant from the Magistrate. For cognizable offences, police have the power to arrest someone without a warrant. For non-cognizable offences, the police need to first obtain an arrest warrant from the Magistrate before arresting a person.

Bail-

Bail is the right of a person who is arrested to be released from custody temporarily, on some terms and conditions. Bail for bailable offences is granted at the police station itself. Bail for non-bailable offences is given by the Magistrate. Usually, when you get bail, you have to sign a bail bond (by paying some money) and give a surety (a third person who will assure the court that you will appear before court whenever needed).

Bailable offence-

A bailable offence is an offence for which you can get bail at the police station itself.

Chief-examination-

In a criminal trial, the lawyers of both sides question the victim, accused and witnesses. When your own side lawyers ask you questions it is called chief-examination.

Cognizable offence-

A cognizable offence is an offence for which the police can arrest without warrant. Usually, serious offences (like rape, murder, etc.) are classified as cognizable offences. For the full list of cognizable offences, (see here List of Cognizable Offences)

Cross-examination-

In a criminal trial, the lawyers of both sides question the victim, accused and witnesses. When the other side lawyers ask you questions it is called cross-examination.

Ex-parte orders-

Ex-parte orders are court orders which are passed against a person, without giving that person a chance to appear/argue his case. Ex-parte orders are usually passed in emergencies, where the court cannot wait for the person to appear before passing orders.

Interim orders-

Interim orders are temporary orders passed by the court when the case is ongoing. Usually in India, cases take at least 2-3 years. In the meantime, the court can grant relief to the parties by passing interim orders.

Non-bailable offence-

A non-bailable offence is an offence for which you need to apply to the Magistrate for bail.

Non-cognizable offence-

A non-cognizable offence is an offence for which the police need to first obtain an arrest warrant from the Magistrate before arresting a person.

Please note: This information has been made available to you for your benefit on an ‘as is’ basis, and is only for your information. It does not constitute legal advice and cannot substitute professional legal advice. Our disclaimer policy can be viewed here ( disclaimer policy)

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