Digest - Criminal Procedure Code, 1973

*Digest - Criminal Procedure Code, 1973*

*(Case Law covered from 2002 to 2017)*

*Criminal Procedure Code, 1973, S.41* - Protection from arrest - From a bare reading of FIR offence u/s 363 IPC made out - Petitioner No.1 married to petitioner No.2 - Both are also major - Petitioners should be arrested only when I.O has reason to believe on the basis of information and material collected that they have committed an offence - Before making arrest I.O is required to satisfy himself that arrest is necessary for one or more purposes envisaged u/s 41(1)(a) to (e) Cr.P.C.
2017(4) Criminal Court Cases 065 (Uttarakhand)

*Criminal Procedure Code, 1973, Ss.41, 267, 269(b)* - Police can seek permission to remove an accused from judicial custody to police custody for completion of investigation.
2004(3) Criminal Court Cases 08 (Rajasthan)

*Criminal Procedure Code, 1973, Ss.41, 41-A, Constitution of India, Art.21* - Arrest and detention - Arrest of two ladies, a doctor and a practicing Advocate - Number of violations in the arrest and seizure - Circumstances in no case justify the manner in which petitioners were arrested - Violation of Article 21 of the Constitution as petitioners were compelled to face humiliation and they were treated with an attitude of insensibility - Not only there are violations of guidelines issued in the case of D.K.Basu, there are also flagrant violation of mandate of law enshrined u/ss 41 and 41-A of Cr.P.C. - I.O. in no circumstances can flout the law with brazen proclivity - Constitutional Court taking note of suffering and humiliation are entitled to grant compensation - Taking into consideration of totality of facts and circumstances of the case it is appropriate to grant a sum of Rs.Five lakhs towards compensation to each of the petitioners to be paid by the State - It will be open to the State to proceed against the erring officials, if so advised.
2016(3) Criminal Court Cases 463 (S.C.)

*Criminal Procedure Code, 1973, S.41(1)* - Person moving in suspicious circumstances - Police to conduct an investigation after taking him into custody - If found without an intention to commit an offence he should be released - If found committed bailable offence he should be released on bail - Detention in police station for more than 24 hours without producing before Magistrate is illegal - No prior permission of Court is required to prosecute the police official who has misused his powers for detaining a person without any authority and without any substance in his allegations.
2003(1) Criminal Court Cases 266 (A.P.)

*Criminal Procedure Code, 1973, S.41(1)(a) to (e)* - Arrest - I.O is e