Q 1:- Grounds of arrest are not explained to the accused in a language he understands. What is its effect when deciding a bail application? The letter explaining the grounds of arrest is in English, but the accused only knows Hindi. In such a case, is it sufficient to explain the grounds of arrest in Hindi, or is it mandatory to provide a written letter in Hindi only?
Ans:- “If the grounds of arrest are not communicated to the accused in a language he understands, it is a violation of Article 22(1) and the statutory mandate, and while deciding bail the court can treat the arrest and remand as legally defective. If the accused knows only Hindi, a letter in English alone is not enough. The safer and now stronger view is that the grounds must be furnished in writing in the language understood by the accused; at minimum, they must be effectively explained in Hindi, but mere English writing with oral explanation is vulnerable to challenge.”
Judicial phrasing
You may say: “The test is not formal communication but effective communication. If the accused cannot understand English, the grounds must reach him in Hindi or the language understood by him, preferably in writing, failing which the defect materially strengthens the bail plea.”
Q 2:- What properties cannot be transferred as per provisions of transfer of property Act?
Ans:- Under Section 6 of the Transfer of Property Act, the following properties cannot be transferred: spes successionis, mere right of re-entry, easement apart from dominant heritage, personally restricted interest, right to future maintenance, mere right to sue, public office and salary, pensions/stipends, transfers opposed to the nature of the interest or for unlawful object/consideration or to a legally disqualified transferee.
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