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?
What is the context for this query?
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
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