Place of Trial
Q. 9. Discuss fully the provisions of Cr.P.C. regarding the place of trial in criminal cases.
OR
‘Crime is purely local and place of offence generally determines the venue’. Are there any exceptions to the above rule? Explain.
OR
“Every offence shall ordinarily be inquired into and tried by a Court within whose jurisdiction it was committed” What are the exceptions of this rule? Explain.
Ans. Place of trial in criminal cases. According to Section 177 of the Cr.P.C., every offence shall ordinarily be enquired into and tried by a Court within whose local jurisdiction it was committed. It is known as lex fori or Law of Jurisdiction.
In K Bhaskaran v. Shankaran Balan, (1999) 7 SCC 510, the Supreme Court of India opined that the provisions of Section 177 regarding the place of inquiry and trial is applicable to trials whether held under the Code or under any special or local law. In a defamation case (under Sections 499. 500), the Trial Court can go in the merits of issue relating to territorial Jurisdiction as the same will be within its jurisdiction. [Martin Lottery Agencies Ltd. v. S. Manimaran, 2005 Cri LJ 3146 (Sikkim).]
The provision of Section 177 of Cr.P.C. provides a general rule that every offence shall ordinarily be inquired into and tried by a Court within the local limits of whose jurisdiction it was committed. Crime is purely local and depends on the law of the place in which it is committed and not on the nationality of the person who commits it.
Actually the well-settled principle of Criminal Law is that the place of offence determines the venue of an offence committed within the jurisdiction of a Court. The International Law also supports the same and rules that every person who is found within a foreign State to and is punishable by its law.
Section 178 intends to provide for the difficulty when it is uncertain in which of several local areas an offence was committed or where an offence is committed partly in one local area and partly in another or where an offence is a continuing one and continues to be committed in more local areas than one or where it consists of several acts done in different local areas. In such situation, it may be inquired into or tried by a Court having jurisdiction over any of such local areas.
Exceptions (1) Trial where act is done or consequence ensues.- Under Section 179, when an act is an offence by reason of anything which has been done and of a consequence which has ensued, the offence may be inquired into or tried by a Court within whose local jurisdiction such thing has been done or such consequence has ensued.
(2) Place of trial where act is offence by reason of relation to other offence-According to Section 180, when an act is an offence by reason of its relation to any other act which is also an offence or which would be an offence if the doer were capable of committing an offence, the first mentioned offence may be inquired into or tried by a Court within whose local jurisdiction either act was done.
(3) Place of trial in case of certain offences-According to Section 181-
(i) Any offence of being a thug, or murder committed by a thug, of dacoity with murder, of belonging to a gang of dacoits, or of escaping from custody may be inquired into or tried by a Court within whose local jurisdiction the offence was committed or the accused person is found
(ii) Any offence of kidnapping or abduction of a person may be inquired into or tried by a Court within whose local jurisdiction the person was kidnapped or abducted or was conveyed or concealed or detained.
(iii) Any offence of theft, extortion or robbery may be inquired into or tried by a Court within whose local jurisdiction the offence was committed or the stolen property which is the subject of the offence was possessed by any person committing it or by any person who received or retained such property knowing or having reason to believe it to be stolen property.
In Lakhpat Singh v. State, 1980 Cr.L.J. 776, a robbery was committed in a train, within the District A, the report of which was submitted to the Railway Magistrate at B whose jurisdiction extended to seven districts including district A. The Magistrate committed the case for trial to Sessions Judge for District B. It was held that Sessions Judge for district A had jurisdiction.
(iv) Any offence of criminal misappropriation or of criminal breach of trust may be inquired into or tried by a Court within whose local jurisdiction the offence was committed or any part of the property which is the subject of the offence was received or retained or was required to be returned or accounted for, by the accused person.
(v) Any offence which includes the possession of stolen property may be inquired into or tried by a Court within whose local jurisdiction the offence was committed or the stolen property was possessed by any person who received or retained it knowing or having reason to believe it to be stolen property.
(vi) Any offence which includes cheating may, if the deception is practised by means of letters or telecommunication messages, be inquired into or tried by any Court within whose local jurisdiction, such letters or messages were sent or were received and any offence of cheating and dishonestly inducing delivery of property may be inquired into or tried by a Court within whose local jurisdiction, the property was delivered by the person deceived or was received by the accused person. [Section 182(1)]
(vii) Any offence punishable under Section 494 or Section 495 of the L.P.C. may be inquired into or tried by a Court within whose local jurisdiction, the offence was committed or the offender last resided with his or her spouse by the first marriage or the wife by the first marriage has taken up permanent residence after the commission of offence [Section 182(2)].
(viii) When an offence is committed whilst the person by or against whom, or the thing in respect of which, the offence is committed is in the course of performing a journey or voyage, the offence may be inquired into or tried by a Court through or into whose local jurisdiction that person or thing passed in the course of that journey or voyage (Section 183)
(xi) Where (a) the offences committed by any person are such that he may be charged with and tried at one trial for, each such offence by virtue of the provisions of Sections 219, 220 or Section 221, or (b) the offence or offences committed by several persons are such that they may be charged with and tried together by virtue of the provisions of Section 223, the offences may be inquired into or tried by any Court competent to inquire into or try any of the offences (Section 184).
(x) Despite the aforesaid provisions, the State Government may direct that any cases or class of cases committed for trial in any district may be tried in any Sessions Division. The direction should not be repugnant to any direction issued by the High Court or the Supreme Court under the Constitution, under this Code or any other law for the time being in force. (Section 185).
High Court to decide in case of doubt district inquiry or trial shall take place
If two or more Courts have taken cognizance of the same offence and a question arises as to which of them ought to inquire into or try that offence, the question shall be decided, (a) if the Courts are subordinate to the same High Court, by that High Court and (b) if the Courts are not subordinate to the same High Court, by the High Court within the local limits of whose appellate Criminal jurisdiction the proceedings were first commenced and thereupon all other proceedings in respect of that offence shall be discontinued. (Section 186)
In Mangal Das v. State of Maharastra, AIR 1966 SC 128, it was held that where an offence is commenced within the local jurisdiction of another Court, such an offence may be tried by either of the two Courts.
In Trisuns Chemical Industry v. Rajesh Agarwal, 1999 Cr.L.J. 4325, it was held that where manufacture of standard fertilizer was done at one place and its sale at another place, the manufacturer could be tried under Essential Commodities Act by the Court at place of the sale of fertilizer.
Q. 10. Describe the Courts by which offences are triable.
Ans. Courts by which offences are triable Section 26 of Cr.P.C. categorises two kinds of offences which are triable by the Courts-
(1) An offence under the Indian Penal Code.
(2) An offence under any other law.
(1) An offence under the Indian Penal Code-Any offence under the Indian Penal Code may be tried by (i) the High Court, or (ii) the Court of Session, or (iii) any other Court by which such offence is shown in the First Schedule to be Triable [Section 26 (a)] The proviso added to Section 26 (a) in 2008 and as amended in 2013 and then again in 2018 provides that any offence under Section 376, Section 376A, Section 376AB, Section 376B, Section 376C, Section 376D, Section 376DA, Section 376DB or Section 376E shall be tried as far as practicable by a Court presided over by a woman.
(2) An offence under any other law- Any offence under any other law shall, when any Court is mentioned in this behalf in such law, be , be tried by such Court and when no Court is so mentioned, may be tried by the High Court, or any other Court by which such offence is shown in the First Schedule to be triable [Section 26 (b)]
Q. 11. Describe the powers of Criminal Courts regarding the sentences which they may pass under Cr. P. C.
Ans. Powers of Criminal Courts regarding the sentences which they may pass under Cr. P. C- Powers of Criminal Courts may be discussed in following heads-
1. Sentence which High Court and Sessions Judges may pass.
2. Sentence which Magistrate may pass.
(1) Sentence which High Court and Sessions Judges may pass- According to Section 28 of the Code of Criminal Procedure-
(i) A High Court may pass any sentence authorised by law.
(ii) A Sessions Judge or Additional Sessions Judge may pass any sentence authorised by law, but any sentence of death by arty such Judge shall be subject to confirmation by the High Court
(iii) An Assistant Sessions Judge may pass any sentence authorised by law except a sentence of death or imprisonment for life or of imprisonment for a term exceeding ten years.
(2) Sentence which Magistrate may pass-According to Section 29 of the Code-
(i) The Court of Chief Judicial Magistrate may pass any sentence authorised by law except a sentence of death or of imprisonment for life or imprisonment for a term exceeding 7 years.
(ii) The Court of a Magistrate of first class may pass a sentence of imprisonment for a term not exceeding three years or of fine not exceeding ten thousand rupees or of both.
(iii) The Court of a Magistrate of the second class may pass a sentence of imprisonment for a term not exceeding one year or of a fine not exceeding five thousand rupees or of both.
(iv) The Court of a Chief Metropolitan Magistrate shall have the powers of the Court of a Chief Jud Judicial Magistrate and that of a Metropolitan Magistrate, the powers of the Court of a Magistrate of the first class.
Courts are also empowered to impose fine according to circumstances of the case. In serious nature of cases, the Courts have to impose fine according to their discretion.
A fine should be fixed with due regard to the circumstances of the case in which it is imposed and the condition in life of the offender. As provided by Section 63 of Indian Penal Code, the amount of fine shall not be excessive. Regard should also be had to gain which in some cases accrues to the accused by his illegal act. A Magistrate is not justified in inflicting heavy fines on poor persons on the mere supposition that they are backed up by by influential persons who might pay for them.
Sentence of imprisonment in default of fine- Under Section 30, the Court of a Magistrate may award such term of imprisonment in default of payment of fine as is authorised by law. Provided that the term is not in excess of the powers of the Magistrate under Section 29. If the imprisonment has been awarded as a substantive sentence, it shall not exceed one-fourth of the term of fimprisonment which the Magistrate is competen to inflict as punishment for the offence otherwise than imprisonment in default of 08 payment of fine. The imprisonment awarded under this section may be in addition to a substantive sentence of imprisonment for the maximum term awardable by the Magistrate under Section 29.
Q. 12 (a). When may police arrest a person without warrant.
OR
Describe the circumstances when a police officer may arrest a person without an order from a Magistrate and without warrant.
Ans. Article 21 of the Constitution of India says that “No person shall be deprived of his life and personal liberty except according to procedure established by law”.
When a person is arrested, his personal liberty is affected but there are some guidelines in Cr.P.C. laying down a procedure established by law to arrest a person without warrant. The arrest in such a way although deprives a person of his personal liberty yet it is legally justified because the procedure to arrest is laid down by the law.
Generally, a police officer cannot arrest any person without warrant issued by the Magistrate. But Section 41 of the Code of Criminal Procedure empowers a police officer to arrest a person without warrant.
There are nine categories of cases mentioned in clauses (a) to (i) of sub- section (1) of Section 41. It runs as follows:-
(1) Any police officer may without an order from a Magistrate and without a warrant, arrest any person-
(a) who commits, in the presence of a police officer, a cognizable offence;
(b) against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence punishable with imprisonment for a term which may be less than seven years or which may extend to seven years whether with or without fine, if the following conditions are satisfied, namely :
(i) the police officer has reason to believe on the basis of such complaint, information, or suspicion that such person has committed the said offence,
(ii) the police officer is satisfied that such arrest is necessary-
(a) to prevent such person from committing any further offence;
or
(b) for proper investigation of the offence; or
(c) to prevent such person from causing the evidence of the offence to disappear or tampering with such evidence in any manner, or
(d) to prevent such person from making any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to the police officer, or
(e) as unless such person is arrested, his presence in the court whenever required cannot be ensured:
and the police officer shali record while making such arrest, his reasons in writing
Proviso to this sub-section provides-A police officer shall, in all cases where the arrest of a person is not required under the provisions of this sub-section, record the reasons in writing for not making the arrest.
(ba) against whom credible information has been received that he has committed a cognizable offence punishable with imprison-ment for a term which may extend to more than seven years whether with or without fine or with death sentence and the police officer has reason to believe on the basis of that information that such person has committed the said offence;
(c) who has been proclaimed as an offender either under this Code or by order of the State Government, or
(d) in whose possession anything is found which may reasonably be suspected to be stolen property and who may reasonably be suspected of having committed an offence with reference to such thing, or
(e) who obstructs a police officer while in the execution of his duty, or who has escaped, or attempts to escape, from lawful custody, or
(f) who is reasonably suspected of being a deserter from any of the Armed Forces of the Union; or
(g) who has been concerned in, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been concerned in, any act committed at any place out of India which, if committed in India, would have been punishable as an offence, and for which he is, under any law relating to extradition, or otherwise, liable to be apprehended or detained in custody in India; or
(h) who, being a released convict, commits a breach of any rule made under sub-section (5) of Section 356; or
(i) for whose arrest any requisition, whether written or oral, has been received from another police officer, provided that the requisition specifies the person to be arrested and the offence or other cause for which the arrest is to be made and it appears therefrom that the person might lawfully be arrested without a warrant by the officer who issued the requisition.
(2) Subject to the provisions of Section 42, no person concerned in a non-cognizable offence or against whom a complaint has been made or credible information has been received or reasonable suspicion exists of his having so concerned, shall be arrested except under a warrant or order of a Magistrale
It a police officer makes a wrong arrest under bona fide mistake he is protected. The arrest even if illegal does not affect the trial of case. In case of cognizable offence, any police officer may arrest the accused person without warrant.
The Supreme Court in Delhi Judicial Service Association v. State of Gujarat, 1991 (4) SCC 406, gave some guidelines regarding arrest. The arrest must be made on reasonable and credible grounds.
In Easih Mia v. Tripura Administration, (1962) 1 Cr.L.J. 673, it was held that the arrest of a person on the suspicion that he is a Pakistani or he came to India with a view to commit offence, is illegal.
Police is empowered to arrest a person to prevent the commission of cognizable offence. According to Section 151 of Cr. P.C., a police officer knowing of a design to commit any cognizable offence may arrest without orders from Magistrate and without a warrant issued by him if it appears to such officer that the commission of the offence cannot be otherwise prevented.
Even if where accused is a police officer and he is an offender and is guilty of committing cognizable offence, police have to act impartially. Having regard to principles of equality before law and justice to all in dealing with culprits especially police officers, who are guilty of committing an offence, a police officer can arrest them. [Sahadeviah v. N. Srinivasa Chari, (2003) 8 ILD (AP)]
Q. 12 (b). How an arrest is made? Discuss the provisions regarding arrest of a woman.
Ans. The provisions regarding the mode of an arrest find place in Sections 46, 47 and 48 of the Code of Criminal Procedure as follows-
In making an arrest, the police officer or other person in making the same shall actually touch or confine the body of the person to be arrested unless there be a submission to the custody by word or action. However, where a woman is to be arrested, unless the circumstances indicate to the contrary, her submission to custody on an oral intimation of arrest shall be presumed and, unless the circumstances otherwise require or unless the police officer is a female, the police officer shall not touch the person of the woman for making her arrest.
If the person to be arrested forcibly resists the endeavour to arrest him or attempts to evade the arrest, such police officer or other person may use all means necessary to effect the arrest but there is no right to cause the death of a person who is not accused of an offence punishable with death or imprisonment for life. Unless there are exceptional circumstances, a woman shall not be arrested after sun-set and before sun-rise, and where such exceptional circumstances exist, the woman police officer shall, by making a written report, obtain the prior permission of the Judicial Magistrate of the first class within whose local jurisdiction the offence is committed or the arrest is to be made (Section 46).
A person having warrant to arrest, or any police officer having authority to arrest may search any place entered by the person sought to be arrested (Section 47)
A police officer may, for the purpose of arresting without warrant any person to whom he is authorised to arrest, pursue such person into any place in India (Section 48).
Q. 12 (c). Draw a distinction between arrest and custody. Briefly state the rights of an arrested person.
Ans. Differences between arrest and custody.- Arrest is a mode of formally taking a person in police custody, whereas ‘custody’ merely denotes surveillance or restriction on the movement of the person concerned. The concept of being in custody is, therefore, different from that of a formal arrest [Harbans Singh v. State, AIR 1970 Bom 79]. Thus in every arrest there is custody, but the converse is not true and as such, arrest and custody are not synonymous terms. [Directorate of Enforcement v. Deepak Mahajan, AIR 1994 SC 1775]
Custody refers to a person who is being held in captivity after being charged with an offence or suspected of an offence.
Arrest’ is an act of apprehending a person and taking him into custody, usually because he has been suspected of committing or planning a crime. A custody may amount to arrest an certain cases, but not in all cases. In a general sence, custody denotes charge and control of a person or some property. Arrest may be treated as a mode of formally taking a person into custody, whereas custody merely denotes surveillance or restriction on the movement of the person concerned.
A person may be taken into custody completely or even partially. The concept ept of being in custody, is, therefore, different from that of a formal arrest. They are not synonymous terms.
Difference between arrest and custody
Arrest :
1. The terms ‘arrest’ is not defined in Cr.P.C. or any other enactment. It is derived from the French word ‘arrest’ which means to stop or to make to stay.
2. Arrest may be said to be a restraint of the liberty of a person. It is the act of apprehending a person and taking him in custody, usually because he is suspected of having committed or planning a crime.
3. Every arrest necessarily involves custody but not the vice versa.
Custody :
1. As provided in Section 27 of the Evidence Act, 1872, the expression ‘in custody’ denotes surveillance or restriction on the movement of a person.
2. Custody is the state of being guarded, or kept under surveillance temporarily by the police.
3. Custody may amount to an arrest in certain cases, but not in all cases.
Rights of arrested person. The person arrested has been afforded certain rights, which are summarised under the following heads-
1. Grounds of arrest to be informed. The accused as soon arrested should be informed the grounds of his arrest and also be allowed to inform his relatives/next friends about it so that they may arrange for his bail/defence etc. This is required under Article 22(2) of the Constitution as a basic right of the accused. [Madhu Limaye v. 5.D.M., Munger, AIR 1971 SC 2486
2. Right to silence- Arrested person can choose to silence while being interrogated. It won’t mean that he is guilty. [Nandini Satpathy v. P. L Dhani, AIR 1978 SC 1025]
3. Right to release on ball. Sections 436, 437 and 438 of Cr. P.C. cuntain provisi rovisions relating to bail and anticipatory bail. [Uday Mohanlal Acharya v. State of Maharashtra, AIR 2001 SC 1910]
4. Right to be taken before Magistrate-An arrested person is required to be produced before the Magistrate within 24 hours of his arrest excluding the time taken for travelling from the plate of arrest to the Magistrate’s Court. (State of Punjab v. Ajaib Singh, AIR 1995 SC 975]
If he is not so produced before the Magistrate, the police official will be guilty of wrongful detention. [Sections 56. 71 and 76 of Cr. P.C
5. Right against detention- The arrested person cannot be kept in custody beyond 24 hours unless he is on police remand or judicial custody. [Ser Section 57, Cr.P.C)
6. Right to fair trial- Fair trial is necessary to protect the accused’s basic right from unlawful and arbitrary deprivation of liberty and also as demanded by natural justice. [Rattiram v. State of M.P., AIR 2012 SC 148]
7. Right to consult legal practitioner-Article 21 of the Constitution provides the accused person to consult and engage the lawyer of his choice to defend him. (Janardan Reddy v. State, AIR 1951 SC 247]
8. Right to legal aid. Article 39-A of the Constitution provides the right of free legal aid for indigent arrestees which the Legal Services Authorities of the State must provide the accused. [M.H. Hoscot v. State of Maharashtra, (1978) 3 SCC 544]
9. Right to be examined by medical practitioner. This right is necessary to put on record any mark/injury on the person of the accused to ascertain his health at the time of arrest and also to check possible use of third degree methods (torture) by the police authorities [Anil Lokhande v. State of Maharashtra, (1981) Cri. L.J. 125 (Bom)). The relevant provisions are found in Sections 53 and 54 of Cr.P.C.
10. Right to produce evidence. This right is very important for proceedings of a fair trial. It GP.C is embodied in Sections 243 (1) and 273 of Cr.P.C.
It is the foremost duty of the arresting authorities to ensure protection of all the aforesaid basic and individual rigts of arrested person and to ensure that he is treated fairly and not unnecessarily harassed during criminal action against him. [Joginder Kumar v. State of U.P.. (1994) 4 SCC 2601
Q. 13. When a police officer can issue a notice directing a person whose arrest is not required under Section 41 to appear before him?
Ans. Under Section 41-A, it is provided that where arrest is not required under the provisions of Section 41, the police officer shall issue a notice directing the person against whon a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence, to appear before him or at such other place as may be specified in the notice.
The person to whom such hotice is issued, shall comply with the terms of notice. If such person complies and continues to comply with the terms of notice, such person shall not be arrested in respect of the offence referred to in the notice unless the police officer is of opinion that he ought to be arrested. The police officer shall record the reasons of arrest. If such person at any time fails to comply with the terms of the notice, or is unwilling to identify himself, the police officer may arrest him for the offence mentioned in the section subject to such orders as may have been passed in this behalf by a competent Court. [Section 41-A (1), (2), (3)].
Q. 14. While making an arrest and thereafter what formalities regarding information have to be observed by the police?
Ans. Procedure of arrest and duties of officer making arrest.- Every police officer while making an arrest shall-
(a) bear an accurate, visible and clear identification of his name which will facilitate easy identification,
(b) prepare a memorandum of arrest which shall be-
(i) attested by at least one witness, who is a member of the family of the person arrested or a respectable member of the locality where the arrest is made,
(ii) countersigned by the person arrested, and
(c) inform the person arrested, unless the memorandum is attested by a member of his family, that the has a right to have a relative or a friend named by him to be in armed of his arrest (Section 41-B)
In the case of Sadhwi Pragya Singh Thakur v. State of Maharashtra, AIR 2011 SC 2211, the Apex Court held that when the accused is charged of inciting the public and attempting to commit riot and causing loss to lives and pro property by use of explosives and blasting, her arrest under the Unlawful Activities (Prevention) Act, 1967 was wholly justified. However, the arresting police official is under a duty to inform about such arrest to the person named by the arrestee so that the latter may arrange for her bail etc.
Control room at districts. The State Government shall establish a police control room-
(a) in every district, and (b) at State level
The State Government shall cause to be displayed on the notice board kept outside the control rooms at every district, the names and addresses of the persons arrested and name and designation of the police officers who made the arrests.
The control room at the Police Headquarters at the State level shall collect from time to time, details of the persons arrested, nature of the offence with which they are charged and maintain a database the general public (Section 41-C). for the information of
Right of arrested person to meet an advocate of his choice during interrogation. When any person is arrested and interrogated by the police, he shall be entitled to meet an advocate of his choice during interrogation, though not throughout interrogation (Section 41-D).
Q. 15. When can any private person or Magistrate may arrest any person? Describe the procedure on such an arrest.
Ans. Arrest by private person and procedure of such an arrest- According to Section 43, a private person is also empowered to arrest a person without warrant. Arrest of a person by private person and procedure of such arrest is as below-
(1) Any private person may arrest or cause to be arrested any person who in his presence commits a non-bailable and cognizable offence, or any proclaimed offender, and, without unnecessary delay, shall make over or cause to be made over any person so arrested to a police officer, or, in the absence of a police officer, take such person or cause him to be taken in custody to the nearest police station.
(2) If there is reason to believe that such person comes under the provisions of Section 41, a police officer shall re-arrest him
(3) If there is reason to believe that he has committed a non-cogruzable offence, and he refuses on the demand of a police officer to give his name and residence, or gives a name or residence which such officer has reason to believe to be false, he shall be dealt with under the provisions of Section 42, but if there is no sufficient reason to believe that he has committed any offence, he shall be at once released.
From above, it is clear that a private person is entitled to arrest a person who is a-
(i) Proclaimed offender,
(ii) Commits a non-bailable and cognizable offence.
In Abdul Habib v. State, 1974 Cr.L.J. 248, it was held that where a person seeing a man fleeing with a knife in hand and being chased by many men with a view to arrest him, arrests the fleeing man, his exercise of power of arrest was not justified under this section.
Various rights have been given regarding a person arrested. They are protected by law. Some of them are as below:
(i) Right to know the grounds of his arrest under Article 22(1) of the Constitution.
(ii) Right to be produced before Magistrate concerned without any delay under Sections 56 and 57 of Cr.PP C.
(iii) Right to free legal aid under Section 303 of Cr.PC and under Article 22(1) of the Constitution of India etc.
Arrest by a Magistrate– Under Section 44. clause (1) a Magistrate whether Executive or Judicial can arrest a person. For it, the following conditions should be satisfied-
(1) Offence should be committed by the person in the presence of Magistrate.
(2) Offence should be committed by that person within local jurisdiction of the Magistrate.
On the aforesaid conditions being satisfied, he may himself arrest that person or order any person to arrest the offender. After arrest subject to the provisions of the bail, the Magistrate may commit him to custody.
Under Section 44, clause (2), any Magistrate whether Executive or Judicial, may at any time arrest or direct the arrest in his presence, within his local jurisdiction, of any person for whose arrest he is competent at the time and in the circumstances to issue a warrant
Q. 16. What are the various process of Court for compelling the appearance of person in Court? Explain in detail.
OR
What provisions are given to compel appearance for accused and witness before the Courts under the Code?
Ans. Process to compel appearance for accused and witness before the Court may be discussed as below-
(1) Summons
(2) Warrant of arrest.
(3) Proclamation and attachment.
(1) Summons- It may be enumerated as under-
(i) Form of summons,
(ii) Summons how served.
(iii) Service of summons on corporate bodies and societies,
(iv) Service when persons summoned cannot be found,
(v) Procedure when service cannot be effected as before provided,
(vi) Service of summon outside local limits.
(i) Form of Summons. According to Section 61 of the Code of Criminal Procedure, every summons issued by a Court under Criminal Procedure Code shall be in writing, in duplicate and signed by the Presiding officer of the Court or by such other officer as the High Court may, from time to time, by rule direct, and shall bear the seal of the Court
(ii) Summons how served. According to Section 62 of Cr.P.C-
(1) Every summons shall be served by a police officer, or subject to such rules as the State Government may make in this behalf, by an officer of the Court issuing it or other public servant.