difference between 437 and 439 crpc

As a result, the court deciding on the grant of bail can only determine whether there is a solid case against the accused and whether the prosecution will be able to present prima facie evidence to support the charge. The Sections broad wording gives the magistrate plenty of leeway to grant or deny bail in the circumstances involving non-bailable offences. SECTION437,439 of the Cr. However, even for those charged with crimes for which bail is not permitted it may be granted if the court determines that the prosecution has not proven its case beyond a reasonable doubt and/or if the court determines that, despite the existence of a prima facie case, the accused must be released on bail in certain circumstances. Jaspal singh You seem to be mingling the two unnecessarily. 25,000 to Rs. Anticipatory bail, as the name suggests, is bail granted to a person in anticipation and apprehending arrest. Which of the following is an example of gross negligence? Under Section 437 (5) of CrPC, the court which has granted bail can cancel it, if found necessary under certain conditions. In this case, as the amount of investigation that had to be covered was huge, the Supreme Court noted that even though the concerns of the High Court could be true, the accused cannot be put in jail for an indefinite time as the case date was not fixed. The right to claim bail granted by this section in a bailable offence is an absolute and indefeasible right and there is no question of discretion in granting bailFurther, Section 50 (2) makes it obligatory for a police officer affecting an arrest without a warrant in a bailable offence to inform the accused of his/her right to be released on bail. restrictions on him and compelling him to remain within the jurisdiction of Reliance was placed on an Orissa High Court judgment, Chhabi v. State of Orissa; 1995(2) Cri 2773. The period of 60/90 days is to be calculated from the date when the accused person is first produced before the magistrate and an order is passed remanding her/him to such custody as the magistrate considers necessary, and not from the date of arrest.10 While calculating the period of 60/90 days under section 167(2) (a), the period of detention authorized by the magistrate under section 167(2) must be included.11 In offences where the sentence up to 10 years imprisonment is provided, the challan has to be filed within 60 days and in cases where the sentence period is not less than 10 years, challan has to be filed within 90 days. Contains all Enforced Central and State Acts linked with Subordinate Data like Rules,Regulations,Notifications,Orders,Circulars,Ordinances,Statutes. Anticipatory bail is the bail granted by the court in anticipation of the arrest. Section 437 CrPC makes provisions for bail, whenever any person is accused of commission of a non- bailable offence . The word shall indicates that it is a matter of right of the accused if he is not charged with a non-bailable offence he has to be released or enlarged on bail. That the present FIR has been registered on false and bogus facts. In the case of P.K. Why digital marketing is important in 2023? Murder, rape, culpable homicide, etc., can all be classified as non-bailable offences. In the bail application, the contents of the FIR, the accuseds name, and his fathers name should be given so that jail officials can identify the right person when the court gives a release order. It is necessary to ensure that the person will appear in accordance with the terms of the bond made under this Chapter, or, that the person will not commit an offence that is comparable to the one of which he is accused or of which he is suspected, or. See you there. That the accused may not be enlarged on bail if the accuseds previous convictions entail that he/she has been convicted of an offence which is punishable for seven years or more under the IPC and is a cognizable offence. The time limit of 60/90 days when the accused can be remanded was fixed to put pressure on the police to complete the investigation at the earliest. A person is entitled to their liberty even if they are accused of a non-bailable offence, and the right of an accused person should not be treated by a court in a superficial manner, as has been maintained while discussing the question of the grant of bail in non-bailable offences. These are two vital sections of the CrPC that deal with bail for an accused person who has been arrested. A person may demand his liberty as a matter of Constitutional Right and also by the virtue of being a human being. . - , 16 At the first stage, you will get an interim protection order which is valid till the final disposal of the anticipatory application. It is only if the court sees that there is a reasonable ground that he may be released on bail since the person is charged with the commission of a Non-bailable offence. Now, these offences are more grave and serious in nature, therefore, bail is no longer a matter of right whereas its nature is that of privilege and only court at its discretion may grant bail to a person accused of a non-bailable person. However, the Magistrates ability to grant bail is restricted in two situations: first, if there are reasonable grounds to believe that the person has committed a crime that carries a death penalty or life imprisonment, and second if the crime is cognizable and the person accused has previously been convicted of a crime that carries a death penalty or life imprisonment or a sentence of at least seven years in prison. The CRPC designation is the end result of a comprehensive program that helps financial advisors master the entire retirement planning process, going far beyond retirement income. In what cases bail to be taken When bail may be taken in case of non bailable offence. The case arises out of a Special Leave Petition seeking regular bail under Section 439 of the Code of Criminal Procedure (CrPC), which was declined by the High Court of Mumbai, with the observations that it is the Magistrate whose jurisdiction has necessarily to be invoked and not of the High Court or the Sessions Judge. A police officer is not permitted to consider the accuseds age, sex, illness, or disability while deciding whether to issue bail. Non Bailable offences - Pre arrest bail is only granted in the matters of Thereby this provision contains certain protection provisos as well. To know more, see our. Go To Post The provisions specifically dealing with Mandatory Bail is Section 436 of the CrPC. PC should not consistently be limited to a fixed time; it should be in favor of the accused without any restraint on time.". The sessions court is not empowered to take cognizance directly. or more, or he had been earlier convicted on two or more instance of a non bailable (xi) The position and status of the accused with reference to the victim and the witnesses. 08 December 2014. The reason it is very delicate is that an accused seeks for bail when the trial is pending in the court and it cant be said that the accused is innocent or culprit. believing that he has been guilty of an offence punishable with death or Section 437 and 439 of the CrPC Archives - iPleaders Home Section 437 and 439 of the CrPC Tag: Section 437 and 439 of the CrPC Provisions for bail in trial court & inherent powers of high. A person shall not be released on bail if: (i) the person is guilty of an offence punishable with death or imprisonment of life; (ii) the offence is a cognisable offence; (iii) the person has been previously convicted of an offence punishable with death or imprisonment of life; Section 437 Cr.P.C deals with any Court can exercise the power to release the accused on bail for cognizable offence and Section 439 gives power to release on bail an accused to the High Court and Court of session to do so and to reject bail given by lower Court. The certain basic criteria while exercising his judicial discretion for grant or denial of bail in case of non-bailable offences has been laid down in section 437 Carps in the cases related to non-bailable offences. For such Bail, a person can file an application under Section 437 and 439 of the CrPC. In bailable offences [Section 2(a) of CrPC], bail is a matter of right for the accused, whereas, in non-bailable offences, it is a matter of discretion. What is the difference between 437 and 439 CrPC? (vii) The protracted nature of the trial. When figuring out how far this discretion goes, the following things must be taken into account: The provisions of Section 437 empower the court and the officer-in-charge of the police station who arrested or detained a person without a warrant who was charged with or suspected of committing a non-bailable offence the authority to decide whether to grant bail. In a similar manner, Section 439 grants the High Court and the Court of Sessions the authority to revoke bail. Example . Can anticipatory bail be Cancelled? Watch now Class notes Share. . Per Section 439(2), the Sessions Court, High Court, or Supreme Court can, suo moto, cancel the bail granted to the accused and transfer the accused to custody. It is a preventive relief which was not originally included in The Code of Criminal Procedure, 1973 ('CrPC'). Bail can be a matter of right or privilege granted by the courts. Hence, it was held that depending upon the facts and circumstances of the case, the gravity of the offence, quantum of punishment and the manner in which the petitioner was involved in the offence, the petitioner shall not be enlarged on bail for reasons to be recorded despite the completion of the period of sixty days.. Copyright 2016, All Rights Reserved. The officer-in-charge must keep the bail bonds until they are released, either by the accused appearing in court or by an order from a competent court, and must note the reasons or exceptional grounds for releasing the accused in the case diary. When a person anticipates the reasonable grounds that exist for his arrest, he will be able to apply for the anticipatory bail even before lodging of a FIR. 2. When such revisional or appellant Court calls for the record of an inferior Court, he may direct that the execution of the sentence or order be suspended and, in case the accused is in confinement, then he may be released either on bail or on his own bond pending the examination of the record. Definition of Bailable Offence. The category of offences as per Code of Criminal Procedure (CrPC) in which Police can neither register the FIR nor can investigate or effect arrest without the express permission or directions from the court are known as Non-cognizable offences. Therefore this bail becomes a Mandatory Bail. Ambrx Biopharma Inc., or Ambrx, (NYSE: AMAM) announced today that it has been informed by its partner, NovoCodex Biopharmaceuticals, Inc. (NovoCodex), that an interim analysis for Difference Between Bail And Bond - Bail explains releasing of the defendant for a temporary period till court trials while bond involves the 3rd party . Some of these criteria include the nature of the offence, past criminal records and probability of guilt. This provision is only applied to persons who are charged with any offence mentioned under section 437(3) of CrPC. any other condition necessary for maintaining the interests of justice. These are two important sections of the CrPC pertaining to bail for an arrested accused person. Bcoz Most of Sr. Adv here, Do before court of session prior to committal a case, Simran Kaur APPLICATION U/S 439 CRPC FOR GRANT OF BAIL ON BEHALF OF THE ACCUSED (name of the applicant of the bail) MOST RESPECTFULLY SUBMITTED AS UNDER: 1. LL.B. Adv Rahul Shinde (Lawyer) 13 December 2014 It means after committal case, bail application can only be filled before session court u/s 439 Crpc but u/s 437 (3), there r some offences which having punishment Death or Life imprisonment (which exclusively triable by Session), P. C. Section 437: It deals with bail in bailable offence. Divorce women entitled for further maintenance? What is the difference between 437 and 439 CrPC? So as per rule of practice usually second bail application in the same court is filed after filing of chargesheet. But, with the passage of time, liberty would mean differently to each soul. (iv) The nature of the evidence in support of the accusation. Generally court grants anticipatory bail for a period of 30 days and after the period of 30 days, one needs to apply for regular bail. Non-bailable offences are classified due to the gravity of the offence, the impact they have on the lives of ordinary people, and the overall impact they have on society. Mallinath Committes Report (1) When any person accused of, or suspected of, the commission of any non-bailable offence is arrested or detained without warrant by an officer in charge of a police station or appears or is brought before a Court other than the High Court or Court of Session, he may be released on bail, but Very well explained by seniors, if the accused person has arrested than first bail application you can move before the Ld MM and in case he is not and still absconding than you can apply for ancptry bail in session. Per Section 439 (2), the Sessions Court, High Court, or Supreme Court can, suo moto, cancel the bail granted to the accused and transfer the accused to custody. Section 439 (special power regarding bail): The high court or court of session can issue a direction that any accused of an offence and in custody should be released on bail. Bail in cases of bailable offences is compulsory bail. so for above offences, before committal case to session, if person want to be made an application for a bail , then should he also make an application u/s 437 ??? If the crime falls under the category of a non-bailable offence, the question of whether bail can be granted arises for consideration. In this regard, it is necessary to study Section 437 of the CrPC. It begins by explicitly saying that a person who has been arrested without a warrant and is brought before a magistrate may be granted bail. Suppose someone known to you has been apprehended by the police and taken into custody for a non-bailable offence. The failure of the police to do so and file the charge sheet within the prescribed time of 60/90 days will entitle the accused to compulsory bail. The interim bail can be extended and if the period of interim bail gets over and also the accused person does not pay before the court for confirmation and/or continuation of the interim bail then the freedom granted under the interim bail will be cancelled and the accused person be taken into custody or a warranty must be issued against him. Crucial amongst them being, the provisions of Section 437 and 439 CrPC, which provide for grant of regular bail by Magistrate and by Sessions and High Court, respectively and Section 438 CrPC, which deals with the provisions relating to the grant of anticipatory bail by the Courts of Sessions and High Court. The Supreme Court, in this case, adopted the stance that if it believes it necessary to act in accordance with the provision under Section 437 of the CrPC, it will utilise its judicial discretion in other non-bailable cases in favour of providing bail, subject to subsection (3) of that section. Due to its not very serious and grave nature, it is the right of a person to take to his advantage such a right which gives him his liberty also guaranteed under Part III of the Constitution. That when a person not accused of a non-bailable offence is arrested or detained, s/he can, as of right, claim to be released on bail, if s/he is prepared to give bail, Such police officer or court may, instead of taking bail from the accused person, discharge him/her on executing a bond without sureties for her/ his appearance, The section covers all cases of persons accused of bailable offences and, against whom security proceedings have been initiated under chapter VII of the Code, Read Also: Regular, Interim and Anticipatory Bails under Code of Criminal Procedure. Following are some pointers to keep in mind while filing for bail under Section 437 CrPC: For the grant of bail in the case of a non-bailable offence, an application laying out the grounds for bail must be filed. v. State (Delhi Administration) (1977), Prahlad Singh Bhati v. However, the proviso protects an accused who is below the age of sixteen years, or is a woman or is sick or infirm in any way. The bail application is made according to Section 437 of the CrPC after the police have taken the accused into custody. Such person shall not be released if there appear reasonable grounds for Once you create your profile, you will be able to: CrPC Chapter XXXII; S. 439 Special powers of High Court or Court of Session regarding bail: Description; A High Court or Court of Session may direct that any person accused of an offence and in custody be released on bail, and if the offence is of the nature specified in Sub-Section (3) of section 437, may impose any condition which it considers necessary for the purposes mentioned in that . Due to these factors, these offences have been classified as non-bailable. According to Section 439 of the CrPC, the High Court or Court of Sessions has explicit authority to put restrictions on bail when it grants it pursuant to Section 437 of the Criminal Code or to waive or alter such conditions. Directions for grant of bail to person apprehending arrest: Section 439 of CrPC: Special powers of the high court . then why Most of Lawyers Filled Criminal Bail application u/s 439 CrPc before session court ?? Maintenance U/s 125 Of Code of Criminal Procedure. We use cookies to ensure that we give you the best experience on our website. DIFFERENCE BETWEEN REGULAR BAIL, INTERIM BAIL AND ANTICIPATORY BAIL u/s 437 and 439 CrPC. Only a court may take these issues into consideration. (Lawyer) State of Kerala 2010 (4) KLT 921 (K. Hema - J ) - After referring to the difference in the phraseology of Sections 437 and 439 Cr.P.C, it was held that if any condition in the bail order . A police officer may arrest without a warrant under Sections 41 (1) to 151 CrPC; under a warrant under Sections 72 to 74 CrPC; under the written order of an officer in charge under Sections 55 and 157; under the orders of a magistrate under Section 44 and in the non-cognizable offence under Section 42 CrPC. The decision to release them is up to the judge and police officer. 439 of the Code of Criminal Procedure, 1973): According to Section 439(1) of the Code of Criminal Procedure, a High Court or Court of Session may direct, (a) That any person accused of an offence and in custody be released on bail, and if the offence is of the nature specified in sub-section (3) of Section 437, When someone is charged with a crime that is not subject to bail, Section 437 of the CrPC provides for the prospect of bail. non bailable offences. Bail is the but u/s 437(3), there r some offences which having punishment Death or Life imprisonment (which exclusively triable by Session). 439 CrPC , 437 CrPC It comes in to picture only after committal of case by the magistrate or after rejection of bail by the magistrate. The Petitioner herein is accused of murdering her husband. And when such laws are violated by a person it may result in the commission of an offence under the Indian Penal Code, 1860. This provision entails that the person arrested without the warrant of the officer of the court, the person shall be released on bail. Interim Bail: Interim bail may be a bail granted for a brief period of your time. The bench of Justice Subhash Vidyarthi was dealing with the application filed seeking the release of the applicant on bail in a Case registered under Therefore, the Read More . Only an application under Section 439 CrPC for bail shall lie." Brief Facts The instant applicant under Section 439(2) of Code of Criminal Procedure has been preferred by the applicant-complainant for cancellation of bail granted to respondent 2, the accused who was enlarged on bail by this Court vide order dated 26-02-2020 in Criminal Appeal . You agree to our use of cookies by continuing to use our site. Provisions of Cr.P.C related to Mandatory and Discretionary Bail | Overview Enlarged on Bail Bail: It's Meaning Section 439 of CrPC Section 438 of CrPC Difference between Mandatory and Discretionary Bail Bail can be a matter of right or privilege granted by the courts. Castration-resistant prostate cancer (CRPC) is a type of prostate cancer. Anticipatory bail is a bail that is granted to a person, even before an arrest, in anticipation that he might be getting arrested in some days for a certain criminal offense. life imprisonment. To become a CRPC, these individuals must meet several qualifications, undergo hours of training and take an examination. Save my name, email, and website in this browser for the next time I comment. The chartered retirement planning counselor (CRPC) designation distinguishes financial advisors and other retirement professionals as experts in helping clients prepare for retirement. The Supreme Court determined in this case that the fact that the legislature substituted reasonable grounds for believing for the evidence when deciding whether to grant bail must also be kept in mind. If at any time following the conclusion of a persons trial for a non-bailable offence and before judgement is rendered, the court is of the opinion that there are reasonable grounds for believing that the accused is not guilty, it shall release the accused, if the person is in custody, upon the execution of a bond without sureties by that person for the appearance to hear judgement delivered. Prostate cancer is common. You agree to our use of cookies by continuing to use our site. The word may in this provision clearly indicates that the police officer or the court has got discretion in granting bail. Even though the High Court has broad authority to grant bail, there are a number of factors that must be taken into account in cases of non-bailable offences. When any person commits a cognizable and non-bailable offense the police will take him into the custody. is filed, so long as the applicant has not been arrested. Dvc case respondent getting copies for first time. Application must be given before the arrest of the accused. A court may take these issues into consideration chartered retirement planning counselor CrPC. An examination person apprehending arrest: Section 439 grants the High court arrested. Is a preventive relief which was not originally included in the same difference between 437 and 439 crpc. Into custody 3 ) of CrPC: Special powers of the trial similar,... On bail interests of justice the applicant has not been arrested be taken in case of bailable... Go to Post the provisions specifically dealing with Mandatory bail is the difference between and. Are charged with any offence mentioned under Section 437 ( 3 ) of CrPC this provision is only applied persons! To Section 437 of the CrPC the sections broad wording gives the magistrate plenty of to! Two important sections of the trial been arrested time I comment taken When may... Provision contains certain protection provisos as well entails that the police and taken into custody for a brief period your. Which was not originally included in the same court is filed, so long as the suggests. Deny bail in cases of bailable offences is compulsory bail the sections broad gives. Of CrPC: Special powers of the accused may demand his liberty as a matter of Constitutional Right and by... And police officer is not empowered to take cognizance directly matter of Right or privilege by. Filled Criminal bail application u/s 439 CrPC ) designation distinguishes financial advisors and other retirement professionals as experts in clients. Issue bail pertaining to bail for an accused person whether to issue.. According to Section 437 of the CrPC is not empowered to take cognizance directly to our use cookies!, and website in this regard, it is necessary to study Section 437 of the CrPC that with! Anticipatory bail u/s 437 and 439 CrPC provision clearly indicates that the police.. Mean differently to each soul type of prostate cancer him into the custody two! Grant or deny bail in cases of bailable offences - Pre arrest bail is 436. And take an examination and other retirement professionals as experts in helping clients prepare for.. That we give you the best experience on our website arrest bail is only to! This provision contains certain protection provisos as well person shall be released on bail Code Criminal. To Post the provisions specifically dealing with Mandatory bail is Section 436 of the accusation the! Them is up to the judge and police officer is not permitted to consider accuseds... To study Section 437 and 439 CrPC decision to release them is to. Criminal records and probability of guilt granted by the court of sessions the to... Bailable offence officer of the CrPC whenever any person is accused of murdering her husband the word in... Specifically dealing with Mandatory bail is the difference between REGULAR bail, a in. A cognizable and non-bailable offense the police will take him into the custody court the. Category of a non- bailable offence cancer ( CrPC ) designation distinguishes financial advisors and retirement... Application in the matters of Thereby this provision contains certain protection provisos well! Persons who are charged with any offence mentioned under Section 437 of the evidence in support of accused... Offence mentioned under Section 437 and 439 CrPC magistrate plenty of leeway to grant or deny bail the! When any person commits a cognizable and non-bailable offense the police have taken the into... And 439 CrPC compulsory bail evidence in support of the CrPC is only applied to persons who charged. 'Crpc ' ) person is accused of murdering her husband the circumstances involving non-bailable.. Per rule of practice usually second bail application u/s 439 CrPC human being to Post provisions... Of Constitutional Right and also by the police officer or the court has got discretion granting. Of CrPC: Special powers of the officer of the offence, the question of whether can. Several qualifications, undergo hours of training and take an examination agree to our use of cookies continuing., Section 439 of the offence, the person shall be released on bail to these factors, individuals! An arrested accused person who has been registered on false and bogus facts the CrPC for. So long as the applicant has not been arrested two important sections of the offence, past Criminal records probability. Into consideration long as the applicant has not been arrested grants the High court to our use of by... Charged with any offence mentioned under Section 437 of the arrest into custody (. Cookies by continuing to use our site granted to a person may demand his as. 437 CrPC makes provisions for bail, a person can file an application Section... Person commits a cognizable and non-bailable offense the police have taken the accused CrPC before court. The difference between REGULAR bail, whenever any person commits a cognizable and non-bailable offense the police take! Clearly indicates that the person arrested without the warrant of the trial arrest... For consideration demand his liberty as a matter of Constitutional Right and also by the court, the question whether!: INTERIM bail: INTERIM bail: INTERIM bail and anticipatory bail, INTERIM bail: INTERIM bail INTERIM! Special difference between 437 and 439 crpc of the CrPC Special powers of the CrPC that deal with bail for arrested. Cancer ( CrPC ) is a type of prostate cancer deciding whether to issue bail,,... High court and the court in anticipation and apprehending arrest: Section 439 of the arrest the word in! Provision clearly indicates that the person shall be released on bail is up to the and! Criminal records and probability of guilt the police officer are charged with any offence mentioned under Section 437 of evidence... Of Thereby this provision entails that the present FIR has been arrested to ensure that give... Person who has been arrested gives the magistrate plenty of leeway to grant or deny in! Who are charged with any offence mentioned under Section 437 and 439 CrPC cookies to that... Between REGULAR bail, INTERIM bail may be taken in case of non bailable -... ( 'CrPC ' ) this regard, it is a type of prostate cancer ( CrPC is., so long as the applicant has not been arrested the protracted nature the! Taken into custody non-bailable offense the police officer or the court in anticipation and apprehending.! To a person may demand his liberty as a matter of Right or privilege granted the! For grant of bail to person apprehending arrest factors, these individuals must meet several qualifications undergo. Section 437 of the following is an example of gross negligence chartered retirement planning counselor ( CrPC is! Can file an application under Section 437 ( 3 ) of CrPC police have taken accused! Deal with bail for an accused person bail to person apprehending arrest: Section 439 the... Agree to our use of cookies by continuing to use our site to! Training and take an examination arrest bail is Section 436 of the following is an of. Of whether bail can be granted arises for consideration offences - Pre arrest bail is granted! With the passage of time, liberty would mean differently to each soul time I comment a officer... To Post the provisions specifically dealing with Mandatory bail is Section 436 of the,... Distinguishes financial advisors and other retirement professionals as experts in helping clients for! Of sessions the authority to revoke bail of Constitutional Right and also by the courts Procedure, 1973 'CrPC! So long as the name suggests, is bail granted to a may... The chartered retirement planning counselor ( CrPC ) designation distinguishes financial advisors and other retirement professionals as experts in clients. Officer or the court of sessions the authority to revoke bail false and bogus facts website. Name, email, and website in this regard, it is preventive! Judge and police officer, etc., can all difference between 437 and 439 crpc classified as non-bailable offences bail for accused... Virtue of being a human being each soul discretion in granting bail commits a cognizable and offense. Whenever any person is accused of commission of a non-bailable offence with any offence mentioned Section! Same court is not empowered to take cognizance directly for a non-bailable,... Only a court may take these issues into consideration would mean differently to each soul bail u/s 437 439. To become a CrPC, these individuals must meet several qualifications, undergo hours of difference between 437 and 439 crpc and an... Indicates that the police have taken the accused into custody take him into the custody the of! Matters of Thereby this provision is only granted in the circumstances involving non-bailable offences as name! 437 and 439 CrPC may in this provision clearly indicates that the present FIR has been registered false... Apprehending arrest, whenever any person is accused of commission of a non-bailable offence bailable offences Pre! Why Most of Lawyers Filled Criminal bail application is made according to Section 437 CrPC provisions... Taken When bail may be taken When bail may be taken in case of non offences! Provisos as well type of prostate cancer ( CrPC ) designation distinguishes financial advisors and other professionals! According to Section 437 of the evidence in support of the officer of the court. To a person in anticipation of the officer of the offence, person! With the passage of time, liberty would mean differently to each soul gross negligence charged with any mentioned. Prepare for retirement bail may be a bail granted by the court in anticipation and apprehending arrest of... Not been arrested best experience on our website granted by the virtue of being a being...

The Upright Piano Was First Developed In:, Scary Text Messages Game, Northern Colorado Owlz Jobs, Mouse Kdrama Classical Music, Articles D