UNIT-II

POWER TO ENSURE ACCUSED PERSON PRESENCE FOR THE

PURPOSE OF INVESTIGATION, INQUIRY AND TRIAL
 ARREST
 Definition of Arrest?
 Purpose of arrest?
 Why there is a need of arrest?
 Why to produce the accused person before the magistrate?
 Definition of custody?
 Difference between arrest and custody?
 Kaiser Otmar v. The State of Tamil Nadu 1981--LW(Crl)158
 Roshan Beevi v. Joint Secretary to Government of Tamil Nadu 1984(15)ELT289(Mad.)
 Sundeep Kumar Bafna v. State of Maharashtra (2014)
 Section 41 read with Section 41A
 Shaukin v. State of U.P. 2011(11)ADJ249
 Arnesh Kumar v. State of Bihar
 Bhim Singh v. Union of India
 HANDCUFFING

 Section 49, Cr.P.C.

 Section 60A, Cr.P.C.
 Prem Shankar v. Delhi Administration AIR 1980 SC 1535
 Sunil Gupta v. State of MP 1990 SCR (2) 871
 Citizen for Democracy v. State of Assam (1995) 3 SCC 743
 State of Maharastra v. Ravikant S. Patil (1991) 2 SCC 373
 WHETHER TORTURE/THIRD DEGREE
JUSTIFIED?
 Section 46(3), 54 Cr.P.C.
 Article 3, 5, 9 of UDHR, 1948
 Article 6, 7 of ICCPR, 1966
 Khatri v. State of Bihar AIR 1981 SC 928
 Nilabati Behra v. State of Orissa (1993) 2 SCC 746
 Joginder Kumar v. State of UP AIR 1994 SC 1349
 D.K Basu v. State of West Bengal AIR 1997 SC 610
 Raghbir Singh v. State of Haryana AIR 1980 SC 1087
 Smt. Shakila Abdul Gafar Khan v. Vasant Raghunath Dhoble AIR 2003 SC 4567
 Arup Bhuyan v. State of Assam AIR 2011 957
 Mehboob Batcha v. State (2011) 7 SCC 45
 Prakash Kadam v. Ram Prasad Vishwanath Gupta AIR 2011 SC 1945
 Prakash Singh v. Union of India (2006) 8 SCC 1
 FAKE ENCOUNTER

 CBI v. Kishore Singh (2010) 11 SCALE 291

 PUCL v. State of Maharastra (2014) 10 SCC 635
 Kishore Singh v. State of Rajasthan AIR 1981 SC 625
 PUCL v. Union of India 1997 (1) SCR 923
 Adambhai Sulemanbhai Ajmeri v. State of Gujarat (2014) 7 SCC 716
 Rohtas v. State of Haryana (Through Home Secy.) 2013
 ARREST OF WOMEN

 Proviso to Section 46 [Added in 2009]

 Proviso to Section 47(2)
 Christian Community Welfare Council of India v. State of Maharastra (1995)
 State of Maharastra v. Christian Community Welfare Council of India (2004)
 Section 46(4) [added in 2005]
 AFTER ARREST PROCEDURE

i. Search of arrested person (S.51)

ii. Seizure of offensive weapons (S. 52)
iii. Medical examination of the accused (S.53,53A,54)
iv. Identification of person arrested (S.54A)
v. Report of arrest to be sent to District Magistrate (S.58)
vi. Person arrested not to discharges except on bail, bond or under the special order of the
Magistrate (S.59)
 RIGHTS OF THE ARRESTED PERSON
 Right to be informed of ground of arrest [S.50(1)]
 Right to be informed about right to bail [S.50(2)]
 Obligation of person making arrest to inform about arrest (50A)
 Right to produce without delay (S.56,76)
 Right not to be detained more than 24 hours (Article 22, S.57)
 Right to consult legal practitioner (S. 303, Article 22)
 Free legal aid (S. 304)
 Right to be examined by legal practitioner (S.53A, 54)
 Right to meet an advocate during investigation (S.41D)
 PREVENTIVE ARREST

 "Salus populi suprema lex"

 “Salus populi est suprema lex”
 Section 149
 Section 150
 Section 151
 SUMMONS

 Definition of summons
 Object of summons
 Section 61: Contents of summons
 Effect of non-compliance with the requirements as to the contents of summons issued.
 MODES OF SERVICE OF SUMMONS

i. Personal service (Section 62)

ii. Service on corporation (Section 63)
iii. Extended service (Section 64)
iv. Substituted service (Section 65)
v. Service on Government employee (Section 66)
vi. Service outside the local limits (Section 67)
vii. Proof of service in such cases and when serving officer not present (Section 68)
viii. Service by post (Section 69)
DISOBEDIENCE OR NON-COMPLIANCE WITH
SUMMONS
 Question 1: Whether the court has power to recall the summon?
 Question 2: Whether the court can review the summon?
 Question 3: If a false summon is issued then what is the remedy?
 K. K. Mathew v. State of Kerala (1992) 1 SCC 217.
 Adalat Prasad v. Rooplal Jindal (2004) 7 SCC 338.
 K. K. Mathew’s Judgment was overruled
 Subhramanium Sethuraman v. State of Maharashtra (2005) SCC CrlLJ 242.
 Dhariwal Tobacco Products Limited v. State of Maharashtra 2009
 Bhushan Kumar v. State, NCT Delhi 2012
 Whether the Magistrate has to give reason at the time of issuing summons?
 WARRANT

 DEFINITION OF WARRANTS
 OBJECT OF WARRANTS
 KINDS
 Bailable
 Non-bailable
 GENERAL PROVISIONS
 Contents of a warrant of arrest (Section 70)
 Mode of execution of a warrant of arrest (Section 71 to 81)
 Warrants to whom directed (Section 72).
 Warrant may be directed to any person (Section 73).
 Warrant directed to a police officer (Section 74).
 Notification of substance of warrant (Section 75).
 Person arrested to be brought before the Court without delay (Section 76).
 Where warrant may be issued (Section 77).
 Warrant forwarded for execution outside jurisdiction (section 78).
 Warrant directed to a police officer for execution outside jurisdiction (Section 79).
 Procedure of arrest of person against whom warrant issued (Section 80).
 Procedure by Magistrate before whom such person arrested is brought (Section 81).
 CONTD…

 Disobedience of warrant

 Indra Mohan Goswami & Another v. State of Uttranchal 2007 SPL.

 State of Uttar Pradesh v. Pooza & another (1976) 3 SCC 13.

 Whether non-bailable warrants can be recorded?

 Raghuvansh Diwan Chand Bhasin v. State of Maharashtra AIR (2011) SC 3393.
 PROCLAMATION
 Section 82
 Vimal Ben Ajit Patel v. Batsala Ben Ashok Bhai Patel AIR 2008 SC 2675
 Rohit Kumar @ Raju v. NCT Delhi 2007
 Mahendra Kumar Rohayya v. State of Jharkhand 2013
 Non-compliance
 Section 174A IPC
 Lavesh v. State (NCT of Delhi) (2012) 8 SCC 730
 State of M.P v. Pradeep Sharma (2014) 2 SCC 171
 Section 84
 Whether section 60 applicable under section 83 CrPC?
 Mumma Singh v. State of M.P 1989 CrLJ 580
 Section 85
 Section 458 and Section 459 read along with 83/85
 Section 86
THE END