Regarding surrender of an accused before magistrate
(Querist) 20 March 2008
This query is : Resolved
Wheather police can arrest an person before surrendering him before the magistrate in the court premises or when the police finds the accused along with the advocate? Is there any rules or laws regarding this problem?
(Expert) 21 March 2008
Police can arrest a person in cognizable offences(or in some other cases as the situation may be according to the CrPC)if he doesnt have bail. But the police is bound to produce every person arrested before a magistrate within 24 hours of the arrest so made(if there's a holiday then just the day after). If they dont produce the person within 24 hours, the arrest would amount to illegal detention and he must be released by the magistrate on the same ground.
(Querist) 22 March 2008
Dear sir, My doubt is regarding arresting an person when the advocate preparing to producing accused before an magistrate court for by remitting an surrender petiton, at this mean time wheather accused should be arrested or not by the enqiring officer?
It is clearly given in CRPC that police can arrest any time to any accused of cognisable offence. Under crpc the powers of police to make arrest in cognisable offences is not qualified by any condition of point of time except for woman at night time.Accused can be arrested anytime in cognisable offences.
(Expert) 28 March 2008
dear sriram,when accused is produced and surrenderd before the court, after filing a petition on that regard ,it is to say that he will become the custody of the court at once and there iare setteled decisions also clarifying that the surrender it self will be considered as an 'arrest'!