PROCESS OF PRE TRAIL (provision regarding arrest) IN CRIMINAL LAW OF INDIA
There is the wide concept of procedure of criminal law in India. The CRPC deals with all procedure of criminal cases. The essential object of criminal law is to protect society against criminals and lawbreakers. That's why a long and wide procedure we have. In criminal cases procedure is divided in to two part. First is pre – trial procedure which deals with arrest of accused, investigation by police, making chaargesheet. Second deals with trial procedure which deals with various stages according to nature of offence.
Pre- Trail procedure in criminal cases.
In pre Trail procedure, the police department play a major role. Arresting power, duties of police officer regarding investigation, filing a FIR all the things is done by police officer. An accused person should get a fair trial in accordance with the accepted principles of natural justice. This is one of the basic consideration of this Crpc. That’s why crpc deals with also rights of accused person during arrest.
Arrest this is the pre trial procedure which is done police in charge. There are some sections of chapter 5th which talks about the important procedure of arrest. The police officer can arrest the offender after knowing that particular offence is cognizable offence or non cognizable offence. In cognizable offence which have serious nature of crime police officer can arrest the offender without warrant. Sec. 41 of Crpc largely describes in which conditions police officer can arrest the person without warrant. In non cognizable offences , a police officer can arrest the offender or accused only after getting warrant by magistrate.
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There are some provisions which are necessary for each and every one.
Sec. 46 (1) A police officer shall actually touch or confine the body of person for arrest.
Sec 46(4) No women shall not arrested after sunset and before sunrise.
Sec 43 Any private person can also arrest or cause to be arrest any person who commits a non-bailable and cognizable offence.
Sec 44 Executive or judicial magistrate can arrest the offender if offence is committed in the presence of a magistrate.
Sec 50 It the duty of police officer to inform the arrest person regarding grounds of arrest and of right of bail.
Sec 55 A it is the duty of police officer having the custody of an accused to take reasonable care of the health and safety of the accused.
Sec 56 it is the duty of police officer without any unnecessary delay take or send the person arrested before the magistrate
Sec 57 Arrested person shall not to be detained more than 24 hours with out any special order of magistrate.
According to section 41 D It is the right of arrested person to meet an advocate of his choice during interrogation. That's why advocate play a important role for arrested person regarding bail or further trial proceeding. If you looking for a advocate who can help you in bail or further trial provisions, The legal court is one of the best law firm based in Jaipur, Rajasthan. This law firm provides the best advocates for each and every matter of law.
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