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Crpc

As soon as an accused surrenders before a court he submits to the jurisdiction of the
court and the right of the police to arrest him does not exist thereafter. Do you agree
with this statement?

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Quick Summary

This discussion clarifies arrest powers under the Code of Criminal Procedure (CrPC). While an accused surrendering to a court submits to its jurisdiction, this doesn't automatically negate the police's right to arrest. Section 44 of the CrPC grants Magistrates the power to arrest individuals who appear before them or surrender voluntarily, in addition to police officers and, in certain situations, private citizens. The key distinction lies between arrests made under Section 41 and those under Section 44 of the CrPC.

2 Replies

P. Venu (Advocate) 29 November 2021

What is the context for this query?

Anaita Vas 30 November 2021

No.

Under Section 44 Cr. P. C apart from the Police, Magistrate is given power to arrest a person and when an accused appears before the Magistrate or surrenders voluntarily, Magistrate is competent to take that accused into custody.
The Code of Criminal Procedure, 1973 gives power of arrest not only to a Police Officer and a Magistrate but also under certain circumstances or given situations to private persons. Further, when an accused person appears before a Magistrate or surrenders voluntarily, the Magistrate is empowered to take that accused person into custody and deal with him according to law. There is a difference between arrest made under Section 41 and that under Section 44 of the Code of Criminal Procedure, 1973.

Regards,

Anaita Vas