In India, the process of arrest and the legal protections afforded to an arrested person are governed by the Constitution of India, the Code of Criminal Procedure (CrPC), 1973, and various judgments of the Supreme Court and High Courts. Below is an overview...
Section 57 of the Code of Criminal Procedure 1973
Section 57 of the Code of Criminal Procedure (CrPC), 1973, is a crucial provision that safeguards the rights of an arrested person by limiting the time they can be detained in police custody without being produced before a magistrate. Here are the key details...
Bail order with condition to deposit fifty lakh rupees
Bail order with condition to deposit fifty lakh rupees and two sureties of fifty thousand rupees. My husband is not in a position to deposit that amount consequently he is not enlarged on bail. A false criminal case has been filed by one partner of my husband's firm....
Recall of cognisance order before seeking further investigation
Whether recall of cognisance order is mandatory before seeking further investigation? The investigating officer has committed grave error in the charge sheet. He has saved the accused from main offence. Instead of it he is submitted charge sheet in lesser offence. The...
Investigating officer submitted biased final report under section 173(2) crpc
Investigating officer submitted biased final report under section 173(2) crpc under the pressure of accused. The accused are very influential and politically strong to manage the police. They have compelled the investigating officer to save them and file final report....
Complaint under Section 138 NI Act rejected for prematurity
Complaint under Section 138 NI Act rejected for prematurity. My advocate presented a complaint for the offence of cheque bounce and the court has issued summons to the accused. The accused appeared in the court two years only after issuance of non bailable warrant. ...
Court is not providing copies of statement recorded under Section 164 crpc
Court is not providing copies of statement recorded under Section 164 crpc. I want to file a quashing application in the High Court. But due to not having copies of statements unable to proceed in high court. Asked from: Uttar Pradesh If the court...
Can arrested person seek anticipatory bail?
Can an arrested person seek anticipatory bail in another case when he is in judicial custody? My husband has been arrested in a forgery case while three more cases are registered against him. Police officers are trying to rearrest him when he gets bail from the court....
Accused was not identified by the eyewitness
The trial court has convicted the accused when accused was not identified by the eyewitness. In the trial eyewitness failed to identify the accused who had been alleged to be fired and looted five lakh rupees from the manager of the brick kiln. The story has been...
Legal safeguards during arrest
Indian criminal law provides several legal protections to an accused at the time of arrest to ensure their fundamental rights are safeguarded. These provisions are codified primarily under the Code of Criminal Procedure, 1973 (CrPC) and, more recently, the Bhartiya...