Remand stage-Non compliance of CrPC provisions by Police

[pavan kumar]

Namasthe one and all. I wish you all a happy and prosperous New Year.

I invite your discussion on the following aspect.

At the time of remand accused complains of ill-treatment by police like arresting him some days ago, giving arrest intimation to co-accused who is yet to be arrested, obtaining signature on 41A notice after arrest, not allowing to speak to relatives. Which all would amount to contravention of provisions of Cr.P.C. Then what are the different options available to the magistrate after calling for the explanation of the IO.

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Challa Pavan Kumar

[kiran kumar.d]

Namaste all. Dear friend As per sec.60A Cr.p.c arrest to be made strictly accordance to the code. Any contravention of provisons of arrest is illegal. Court can release accused on bail.

If police ill treats the accused and detains in police station without producing , and arrest being illegal it amounts to wrongful confinement under sec.340 IPC, causing injuries amounts to causing voluentary hurt. Thus court can under section 190 cr.p.c take cognizance as private omplaint or on its own after satisfying there are grounds to proceed. Further to take cog izance against police for said offences b no sanction necessary under section 197 Cr.P.C , because police officer committed certain acts of torture during investigation sanction is not necessary. It is held in 1984(2)Crimes772.
In adition to the above court can intimate about commission of offence and recomend for initiation of departmental action by superior police authorities. If court summons the police officer who ill treated accused siad person fails to give response to summons or give explanation then it may warrant action under contempt.of courts act.

[Radha Krishna Chowhan]

Namasthe all,

I agree with the opinion of Sri.Kiran kumar. To add something, I would say that to see section 350Cr.P.C for not complying with the summons of court.

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Regards,
M.Radha Krishna Chahavan,
                                B.Tech.,LLM.
II Addl. Junior Civil Judge, Nizamabad,
Nizamabad District.