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Home Criminal

Arrest – It is not mandatory for Officer-in-charge to forward each and every accused in custody while filing the charge-sheet – CrPC S. 173

by PLRonline
September 15, 2021
in Criminal
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CrPC , S. 173(2)(i)(g) –  The very word “Whether” referred in Clause (g) of Sub-section (2)(i) shows that it is not mandatory for Officer-in-charge to forward each and every accused in custody while filing the charge-sheet in non-bailable offences where there is sufficient ground to try the case. Had there been any imperative need to forward every accused in custody, then there was no need for particulars regarding Sub-clauses (d) and (e) i.e. “whether any offence appears to have been committed, and, if so, by whom” and “whether the accused has been arrested.” This conclusion is derivative of Section 170, Cr.P.C.  

2004 PLRonline 0003 (Del.)

Tags: ArrestCharge sheetCrPC S. 170CrPC S. 173
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CrPC , S. 170 – Word “custody” appearing in this section does not contemplate either police or judicial custody.

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Comments 2

  1. Pingback: Charge | PLRonline.in
  2. Elisa says:
    4 years ago

    What constitution are you folks following because it certainly isn’t the United States constitution at all. Kindly let the great people that pay all the bills know if the constitution has been shredded by you folks . The same group put here to protect our rights . That’s not the case. This new world is against the will of the people not to mention our civil, religious, and god given right- your not GOD! 81 million plus strong .

    Reply

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