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Is someone who is arrested under section 354 A can be released from th


10-Aug-2025 (In Criminal Law)
Can we get the bail from police station without lawyer if case is registered under the section 354A or lawyer is mandatory to hire ?
Answers (2)

Answer #1
665 votes
Well, if you think, you or the accused person in this case can argue on their own, having requisite knowledge and experience to defend himself, then he can do so, by fighting his case as Party in Person! If the concerned Accused does not have requisite knowledge and experience, then, he has to hire the lawyer to defend him, as simple as that!
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Answer #2
830 votes
In cases registered under Section 354A IPC (Sexual Harassment), the offence is generally cognizable and non-bailable. This means the police have the authority to arrest without a warrant, and bail is not granted automatically at the police station. In most situations, bail must be sought from the court, not directly from the police, especially for non-bailable offences. While the law does not strictly mandate hiring an advocate, practically and procedurally, engaging a lawyer is highly advisable. A lawyer will prepare and file the bail application, present arguments before the court, and ensure compliance with procedural requirements. Attempting to proceed without legal representation may lead to delays or procedural errors that could affect the chances of securing bail. In summary: Police station bail is not generally available under Section 354A IPC, and court bail with the assistance of an advocate is the most effective approach.
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