Conviction or commitment on evidence partly recorded by one Magistrate and partly by another Section 326 of the Code deals with the procedure to be followed when any Magistrate after […]
When information is given at the police station, normally two courses are open. A station diary entry can be made or the FIR registered. In case there is any deviation, […]
Pakalapati Narayana Gajapathi Raju and others Vs Bonapalli Peda Appadu and another– Section 439 has been interpreted in several decisions of this Court which have taken the view that the revisional jurisdiction, when […]
Sec- 401- High Court’s Powers of Criminal Revision (1) In the case of any proceeding the record of which has been called for by itself or which otherwise comes […]
Whether a convict who has challenged his conviction u/s 374 is entitled to benefit of Sec 436A of CrPC 1973 for Bail?
The words ‘during the period of investigation, inquiry or trial’ used in Section 436-A and the insertion of the said section in Chapter XXXIII, without insertion of a like provision in Chapter XXIX, clearly restricts its operation to the matter of grant of bail at the trial stage and not at the appellate stage. Further, Section 436-A refers to the maximum period of imprisonment specified for the offence in question, and not to the period of imprisonment actually imposed.
Last it be remembered that the arrest of a person involves an encroachment on his/her personal liberty. Article 21 of the Constitution of India declares that no person shall be deprived of his personal liberty and life except in accordance with procedure established by law. There can be no doubt that the power to arrest any person therefore must be premised on a law which authorizes the same. Police has a statutory duty to inform the arrestee of the grounds for such arrest as contemplated under Article 22(1) of the Constitution and Section 50 of the Code. If police failed to dischurge its statutory duty the Magistrate must Perform it before remanding the arrested person.
Section 157 appears to contemplate information received under Section 154 or knowledge gained otherwise about the commission of a cognizance offence clothing the police officer with the power to investigate leading to the sending of the report to the Magistrate being confined to cases where officer intends to send the police report which has been defined as the report under Section 173 of the CrPC.