enquiry by police and rights
advocate satya
(Querist) 13 November 2008
This query is : Resolved
sir
in any case if police suspects anyone in some case and called to police station for enquiry can the person can go to the police station along with his lawyer and can the enquiry be held in front of the lawyer ?
if the police suspects any one from whom he is enquiring do they have the right to take the person in custody and under which section they are empowered to do so?
arunprakaash.m.
(Expert) 18 November 2008
the police can arrest without warrant in case of cognizable case. Under section 41 police can arrest the accused person. In case of suspects police keep them in a custody without recording FIR it does not amout to cutody it is called as detention
refer D.K. BASU VS UNION OF INDIA
Adv.Shine Thomas
(Expert) 20 November 2008
Yes,the witness can go to the police station along with his lawyer and he can request the police officer to hold the enquiry in front of the lawyer.Sec.160 CrPC says that,any police officer making an investigation may,by order in writing,require the attendance before himself or any person being within the limits of his own or any adjoining station who,from the information given or otherwise,appears to be acquinted with the facts and circumstancesof the case;and such person shall attend as so required:Provided that no male person under the age of 15 years or woman shall be required to attend at any place other than the place in which such male person or woman resides.The State Govt. may,by rules made in this behalf,provide for the payment by the police officer of the resonable expenses of every person,attending u/ss(1) at any place other than his residence.In case of a suspected person,the procedure for investigation is made u/s 157 CrPC.
