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rajasekhar chinnam   20 June 2020

arresting an accused who is undergoing treatment

Good morning .let me get one doubt clarified..suppose one accused is in the hospital and undergoing treatment there. arresting the said accused is very much necessaryas the patient may escape.can the investigating officer arrest the accused who is in the hospital and produce him before the court?
what are the legal provisions.. plz explain.


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 6 Replies

rajasekhar chinnam   20 June 2020

I am from victim side sit

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     20 June 2020

Originally posted by : rajasekhar chinnam
Good morning .let me get one doubt clarified..suppose one accused is in the hospital and undergoing treatment there. arresting the said accused is very much necessaryas the patient may escape.can the investigating officer arrest the accused who is in the hospital and produce him before the court?what are the legal provisions.. plz explain.

 

1. Even IF a accused is in hospital, accused shall be "shown" arrested and in custody of Police.  On discharge accused will be taken in physical custody and produced in court (as required).  IF accused escapes, THEN he will be declared as "absconder".  Such things are very common in the Criminal world.

Keep Smiling .... Hemant Agarwal
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rajasekhar chinnam   20 June 2020

thank you.

Arpit Tumbaria (Advocate at Uttarakhand High Court.)     20 June 2020

accused shall be "shown" arrested and in custody of Police.  On discharge accused will be taken in physical
custody then after the court. and it will also depend on what kind of offence you had done whether bailable or non bailable offence. if u had done a bailable offence so that in such senerio a higher police rank office give u bail so u caanot be arrested at hospiatl but if u had sone any non bailalble offence or big crime so that they put u under their custody in the particular hospital and also u will be under arrest custody and then after being cured to will be taken to the physical custody. 

rajasekhar chinnam   20 June 2020

sir , in the said case the accused is a lady and she has committed offence under 332, 307which is non bailable.. As 307 IPC is an offence having punishment more than 7 years, invariably the accused is supposed to be arrested.

P. Venu (Advocate)     20 June 2020

Why 'suppose' - is this not a realtime query?


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