Procedure for inter state arrest for rape accused,next steps

The police bring the accused before the magistrate of the area from where he was arrested and take transit arrest warrant to take the accused to the area magistrate where FIR was registered.  After reaching that place, they have to bring the accused within 24 hours before that magistrate.  The magistrate can send the accused to J.C. or police custody or release him on bail.  The prosecution has got the right to present its case before the magistrate for J.C. or police custody as the situation warrants.  If the complainant apprehends that there is connivance between the prosecution and accused so that at the time of his presence, the prosecution may not press for his arrest, then he can engage his/her own advocate to put their version in proper perspective.  Despite that, if the magistrate grants bail to the accused to such an henious crime, the complainant/prosecutrix can appeal against bail in the higher court, i.e., sessions court or H.C. as the case may be.

Thanks sir. What happens if the police team returns without accuse citing some excuse he was not present or ran away or anything else. What happens next? What can the complainant do?

If such impression of the complainant/prosecutrix is not arisen out of just gut feeling or sixth sense or common sense and police behaviour can be tangible/palpable of sheltering the accused for vested reasons, the complainant/prosecutrix can knock the High Court doors under Section 226 read with Section 482 for giving appropriate directions to the investigation team to apprehend the criminal or change of investigation from state police to CBI.

It is not new in Indian context that the murderers, rapists and money swindlers have been addressing public meetings, contesting elections and presiding opening ceremonies while "non-bailable arrest warrants" have been issued long back against them and the police is not aware of their presence and existence.

thank you sir. I'm also trying to understand how does the case proceed if the accused is never apprehended then justice is denied or some declaration is made of the accused to be absconding. As you have said, many such accused are roaming free however can nothing be done about the same?