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saswataranjandash   15 November 2021

Crpc

I have doubt on CrPC section 80,81 and Section 267 2(A).

Warranty to be brought before Executive Magistrate according to section 81,But there is no mention of whether to sent the warranty to Judicial custody.

But according to Section 167 2 A, In case of unavailability of Judicial Magistrate,An EM specially conferred with the power of JM can send the accused to judicial custody not exceeding 7 days 

So as section 81 is silent about judicial custody,So what is the role of an executive magistrate who is not specially empowered with the power of JM?How should he deal with the warranty profuced before him as per section 81?



Quick Summary
This discussion explores the nuances of CrPC sections 80, 81, and 267(2A) concerning Executive Magistrates and their powers when dealing with arrest warrants. It questions whether an Executive Magistrate, not specifically empowered as a Judicial Magistrate, can send an accused person to judicial custody under Section 81, especially when Section 167(2A) allows for this under certain conditions. The conversation aims to clarify the procedure for handling warrants before an Executive Magistrate in such scenarios.

 2 Replies

P. Venu (Advocate)     15 November 2021

The facts posted appears to be misconceived. CrPC hmakes no mention of 'warranty'.

saswataranjandash   16 November 2021

No sir, CrPC section 81 deals with Procedure by Magistrate before whom such person (Arrested by virtue of an warrant given by a court )arrested is brought.

 

 

 


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