Rohit (Legal) 17 April 2016

Police bail and section 161 crpc

Dearl All,

my friend along with his family is accused in section 498a/406/34/341/323. they are all on Anticipatory bail and recently they have received notice under Section 160 CRPC.

Query is-- whether they will appear as an accused or witness as this section talks about witness only

Secondly what is the time limit for getting police bail, will that to be done when they will appear under section 161 CRPC or some time or another notice will be given to teh accused/s to come for bail with surety.

please answer these two queries, it is a humble request, thanks in advance

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2 Replies

Q Slinger (NA) 17 April 2016

1. They will appear as accused.

2. Since your are already on anticipatory bail, why would you need station bail?

3. 161 is applicable for Witnesses. CrPC 313 is applicable for accused.

ROHIT SHARMA (Legal Advisor ) 17 April 2016

1. s. 160 of Cr.P.C. empowers a police officer to call upon any person to appear before him for to depose the facts that are being investigated and the person on appearing before the police makes an statement u/s 161 Cr.P.C. is recorded by the police of such person called for u/s 160 Cr.P.C.

2. The persons named as accused can also be called upon to appear before the police u/s 160 Cr.P.C. and depose u/s 161 Cr.P.C. as witness for proecution then also such accued still remians accused and later can pray for mitigation of punishment if awarded to him.

3. Takling about police bail : in that if the police dose not think it necessary they can give a notice to the accused u/s 41-A of Cr.P.C. and may not arrest the accused.