Cr.PC One Liner Study Notes

0
3751
  • When a person is arrested and interrogated by the police, he shall be entitled to meet an advocate of his choice during interrogation, though not throughout interrogation. (Sec 41D)
  • Any person, in the presence of a PO, has committed or has been accused of committing a non-cognizable offence refused to give his name and residence; he may be arrested by the PO.
  • A private person may arrest any person who in his presence commits a cognizable and non-bailable offence. ( sec 43)
  • A magistrate, executive or judicial, may himself arrest or order any person to arrest a person who committed an offence in his presence. (Sec 44)
  • No member of the armed forces of the union shall be arrested for anything done in the discharge of his official duties except after attaining the consent of the central government. (Sec 45)
  • In the case of Joginder Singh vs. state of U.P., it was held that even a man if necessary due to circumstances may arrest a woman during day light.
  • No woman shall be arrested after sunset and before sunrise as added in section 46(4) of Crpc by 2005 amendment. However, she can be arrested in exceptional circumstances with the prior permission of Judicial Magistrate 1st class.
  • Sec 50 provides that every person arrested without warrant shall be informed of grounds of arrest and if right to bail, if the arrest is made fir bailable offence. However, if there is non-compliance of these provisions, then, it shall render the arrest and detention of the person concerned illegal and shall enable the person arrested move for habeas-corpus to obtain his relief. 
  • Sec 53, Crpc provides for the examination of accused by medical practitioner at the request of PO. Here, there are reasonable grounds for believing that an examination of his person will afford evidence as to the commission of the offence.
  • Sec 53A talks about examination of person accused of rape by medical practitioner at the request of PO.
  • When any person is arrested he shall be examined by a medical officer in the service of central or state governments. (Section 54)
  • Under Section 54A, the magistrate may direct the person so arrested to subject himself to identification by any person. 
  • It is mandatory to produce the person arrested before the magistrate within 24 hrs of arrest. (Sec 57)
  • If a person in lawful custody escapes, the person from whose custody he escaped may, immediately pursue and arrest him in any place in India. (Sec 60)
  • Every summon issued by a court shall be in writing, duplicate, signed by presiding officer or any other officer authorized and shall bear the seal of the court. (Sec 61)
  • Summons may be served by a police officer, or an officer of the court, or by an authorized public servant. (Sec 62)
  • Service of summons on corporate bodies and societies may be effected by serving it on the secretary, local manager or other principal officer of corporation or by letter sent by registered post addresses to the Chief Officer of the corporation in India. (Sec 63)
  • Where the person summoned can’t, by exercise of due diligence, be found, the summons may be served by giving it to some adult male member of the family residing with him, in duplicate. (Sec 64)

LEAVE A REPLY

Please enter your comment!
Please enter your name here