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manu (advocate)     28 February 2009

accused surrendered

sirs,

if accused is surrendered in the court by filing 70(2) application under criminal procedure code, can he be remanded to custody??

i think when accused voluntarily surrenders court cant remand him to custody.

pls give me any decisions in this reg.

thanks.



 11 Replies

N.K.Assumi (Advocate)     01 March 2009

If accused voluntarily apperas before the magistrate and submits to his jusrisdiction,the magistrate can forward him to police custody or judicial custody and also  the Magistrate has full discreation under section 437 to grant bail to the accused: See 1983 Cr LJ 1212 (Orissa) See also  1980 CrLJ 426 decided by the Supreme Court.

manu (advocate)     01 March 2009

thank u very much sir.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     09 March 2009

Thanx Mr. Assumi for such valueable judgements.

B.N.Rajamohamed (advocate / commissioner of oaths)     18 March 2009

There is no provision that, when an accused surrenders the court cannot remand him. It is a wrong opinion.


When a person surrenders before the court it is the boundened buty of the court ot accept his surrender and pass a remand order first. If a petition under section 70(2)Cr.P.C. is filed along with the surrender petition the court has to receive a bail application for rescinding the remand order and pass an order on the application for warrant recall and release the accused. This is the actual procedure under criminal procedure code,1973.

manu (advocate)     18 March 2009

rajmohamed sir,


u mean to say even if the 70(2) applicatiopn is filed on surrendering the accused it is the discretion of the court either to remand him or to release him on bail???


is there no restriction under law for this absolute discretion given to the judges???


the very purpose of surrendering before the court is to avoid the police ill treatment. then upon that if court is pleased to remand him to the custody the very purpose of surrender concept is defeated.


thanks a lot for ur reply sir.

K.C.Suresh (Advocate)     19 March 2009

Dear Manu Our Assumi is correct.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     19 March 2009

I endorsethe views of Mr. Manu also,.

B.N.Rajamohamed (advocate / commissioner of oaths)     28 March 2009

I mean to say is when a person files a petiton unde section 70(2) Cr,P.C. he will file it along with a petition to surrender . First the court has to pass orders on the surrender petition by remanding him to judicial custody then he can pass orders on the warrant recall petition to cancel the warrant.


There is no provision in law that when the accused surrenders voluntarily he cannot be remanded. It is a wrong opinion.

Kumar Krishan Agarwal Advocate (Lawyer)     03 February 2018

There is no surrender provsion in Crpc , but it is habitual in legal practice that application Draft for surrender to move daily.  That once the any type Bail application file then the accuseds automatically get surrender his rights before Magistrate Court and Court may take action on first any custody to grant then hear his pending Bail application to consider on what legal grounds he/she wants to get bail Out or not.

Divy Kaushik (Attorney at Law.)     12 June 2018

Term Surrender nowhere mentioned in Cr.P.C. However an application u/section 44 (2) read with section 437 / 439 as the case may, be referred to the Court concerned for Bail-cum-Surrender.

Divy Kaushik (Attorney at Law.)     12 June 2018


Cr.P.C. Sec 70 (2) generally filed in order to set aside the order of arrest issued. Further while discharging with application 70(2) read with sec 205, Court may exempt the personal appearance of the accused unlike in case of Surrender. For surrender sec 44 (2) read with 437 or 439 depend upon the case.


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