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Home Criminal

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

by PLRonline
September 15, 2021
in Criminal
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CrPC , S. 170 – Word “custody” appearing in this section does not contemplate either police or judicial custody. It merely connotes the presentation of accused by the Investigating Officer before the Court at the time of filing of the charge-sheet where after the role of the Court starts. Had it not been so the Investigating Officer would not have been vested with powers to release a person on bail in a bailable offence after finding that there was sufficient evidence to put the accused on trial and it would have been obligatory upon him to produce such an accused in custody before the Magistrate for being released on bail by the Court.

2004 PLRonline 0003 (Del.)

Tags: ArrestCharge-sheetCrPC S. 170
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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

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CrPC , S. 173(2)(i)(g)  –  Thus, the only meaning of Sub-clause (g) of Sub-section (2)(i) of CrPC S. 173 “whether the accused has been forwarded in custody under CrPC S. 170 ” is with regard to the information that whether the accused is being forwarded under custody or not.

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CrPC , S. 173(2)(i)(g)  -  Thus, the only meaning of Sub-clause (g) of Sub-section (2)(i) of CrPC S. 173 "whether the accused has been forwarded in custody under CrPC S. 170 " is with regard to the information that whether the accused is being forwarded under custody or not.

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