Arrest and remand

sangeetha (Querist) 15 November 2011 This query is : Resolved
if formal arrest has been made against the accused while he is in judicial custody already but he was remanded by the nearest magistrate after lapse of 24 hrs nearly 3 days later what are the consequences.

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Devajyoti Barman (Expert) 15 November 2011
If a person is already in judicial custody how on earth the same person could again be FORMALLY arrested?

A person could be in a judicial custody only if he is arrested and brought before the Magistrate who has sent him to JC.

Rajeev Kumar (Expert) 15 November 2011
Mr.Barman is absolutely right and i do agree

Arvind Sehdev (Expert) 15 November 2011
I agree with Mr.Barman.... Ms. Sangeetha, could you please explain under what charges was he in the Judicial Remand.... and what kind of arrest do you state as a formal arrest....

Advocate. Arunagiri (Expert) 15 November 2011
Sangeetha,

Do you mean the arrest is made for yet another case?

Guest (Expert) 15 November 2011
the person is not arrested in the other case but produced by the police on the basis of the warrants sent to that jail by the magistrate of the later case.

Raj Kumar Makkad (Expert) 15 November 2011
I do agree with Arunagiri.

Shonee Kapoor (Expert) 16 November 2011
No reason to differ.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

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