Bond For Keeping Peace/ Good Behaviour: Calcutta High Court Formulates Guidelines For Executive Magistrates Exercising Jurisdiction U/S 111 CrPC
2 years, 7 months ago

Bond For Keeping Peace/ Good Behaviour: Calcutta High Court Formulates Guidelines For Executive Magistrates Exercising Jurisdiction U/S 111 CrPC

Live Law  

The Calcutta High Court has formulated guidelines for Executive Magistrates exercising jurisdiction under Section 111 of the Code of Criminal Procedure, requiring persons who are in custody to execute bonds for keeping peace/ good behaviour under Sections 107-110 of the Code. If the accused or the petitioner is unable to understand the meaning of the terms "show cause" then the Court would explain the allegations against him and as provided in Section 251 of the Code, read out such allegation and ask him whether he pleads guilty or not of CrPC refers to summons cases). If under Section 116 of CrPC the accused or the persons are unable to furnish the bond then in that case they would be deemed to be in custody from the date of their first production before the Executive Magistrate and if their enquiries are not concluded within a period of six months, the Court would close the proceedings and release the accused or the persons against whom proceedings were initiated. The development comes in a batch of revision petitions where the petitioners were accused of offences and were in custody when the police authorities prayed before the Executive Magistrate for invoking the provisions of Section 110 CrPC for the purposes of furnishing bond with sureties and the Magistrate accordingly passed the orders.

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History of this topic

Not Essential To Arrest Person Who Voluntarily Appears Before Magistrate For Giving Specimen Signature Or Handwriting: Delhi High Court
3 months ago

Not Essential To Arrest Person Who Voluntarily Appears Before Magistrate For Giving Specimen Signature Or Handwriting: Delhi High Court

Live Law  

The Delhi High Court has recently ruled that it is not essential to arrest a person who voluntarily appears before the Court or Magistrate, pursuant to the application filed by the Investigating Officer, for giving specimen signature or handwriting. Section 311A of CrPC provides that the Magistrate has the power to order persons to give specimen signatures or handwriting for …

Executing Security Bond For Good Behaviour Under Section 109 CrPC Cannot Be Construed As Criminal Proceedings: Madras High Court
4 months ago

Executing Security Bond For Good Behaviour Under Section 109 CrPC Cannot Be Construed As Criminal Proceedings: Madras High Court

Live Law  

The Madras High Court recently observed that executing a bond for good behaviour could not be considered as a criminal proceeding and the same cannot be held against a person to deny him employment. One of us sitting singly had vide order dated 04.01.2018 in W.PNo.19985 of 2017 held that s ecurity proceedings under Section 107 of Cr.P.C cannot be …

HC tells Delhi Police to update arrest memo
4 months, 1 week ago

HC tells Delhi Police to update arrest memo

Hindustan Times  

New Delhi The update was imperative to ensure effective compliance with Section 47 of the Bharatiya Nagarik Suraksha Sanhita, court said. The Delhi high court has directed Delhi Police to update the arrest memo used by its officers while arresting people, adding a column to record the grounds of arrest, underscoring the significance behind this information. The said section mandates …

Bill to replace CrPC: Panel may propose no handcuffs in financial crimes
1 year, 5 months ago

Bill to replace CrPC: Panel may propose no handcuffs in financial crimes

Hindustan Times  

The parliamentary standing committee on home affairs is likely to suggest that economic offenders not be handcuffed while being taken into custody as part of its recommendations into the Bharatiya Nagrik Suraksha Sanhita that seeks to replace the British-era Code of Criminal Procedure, people aware of developments said on Tuesday. The BNSS was part of three bills – the Bharatiya …

Punjab & Haryana High Court Issues Guidelines To Check Unnecessary Arrests; Non-Compliance Will Lead To Departmental Enquiry, Contempt Action
1 year, 5 months ago

Punjab & Haryana High Court Issues Guidelines To Check Unnecessary Arrests; Non-Compliance Will Lead To Departmental Enquiry, Contempt Action

Live Law  

The Punjab & Haryana High Court has issued guidelines in compliance with the Supreme Court directions in Md. to ensure that police officers do not make unnecessary arrests and that Magistrates do not casually or mechanically authorize detentions.“The following guidelines are framed by the High Court of Punjab and Haryana at Chandigarh to. “The following guidelines are framed by the …

S.309 CrPC | Bombay High Court Expresses Concern Over Non-Production Of Undertrials Every 15 Days, Inquires If Magistrate Courts Have VC Facility
1 year, 6 months ago

S.309 CrPC | Bombay High Court Expresses Concern Over Non-Production Of Undertrials Every 15 Days, Inquires If Magistrate Courts Have VC Facility

Live Law  

The Bombay High Court recently raised concerns regarding the non-production of incarcerated prisoners before Metropolitan Magistrate Courts every 15 days and asked the prosecutor to inform if video conferencing facilities were provided in all MM Courts in Mumbai. Justice Bharati Dangre was dealing with a bail application wherein Tribhuvansing Yadav, an accused in a forgery case, wasn’t produced before the …

[Bond For Peace Keeping] Show Cause Notice Issued By Magistrate Without Following Mandate U/S 111 CrPC Non-Est: Kerala High Court
1 year, 6 months ago

[Bond For Peace Keeping] Show Cause Notice Issued By Magistrate Without Following Mandate U/S 111 CrPC Non-Est: Kerala High Court

Live Law  

The Kerala High Court has held that while issuing summons to show cause under provisions of bond for peace keeping, etc., the Magistrate has to follow the procedure laid down under Section 111 of CrPC. Justice A. Badharudeen observed thus: “it is the mandate that whenever a Magistrate intents to proceed acting under section 107, section 108, section 109, or …

Police Can't Misuse S.160 CrPC To Arrest Persons Unconnected With Alleged Offence: Calcutta High Court In Plea By Suvendu Adhikari's Acquaintances
1 year, 9 months ago

Police Can't Misuse S.160 CrPC To Arrest Persons Unconnected With Alleged Offence: Calcutta High Court In Plea By Suvendu Adhikari's Acquaintances

Live Law  

The Calcutta High Court has made it clear that Section 160 of the CrPC which empowers the police to require attendance of witnesses cannot be misused to take coercive steps against persons not connected with the alleged offence. While hearing a plea filed by persons claiming to be the relatives and acquaintances of West Bengal’s Leader of Opposition, Suvendhu Adhikari, …

Madras High Court Quashes GOs Allowing Police To Exercise Power Of Executive Magistrate, Make Habitual Offenders Execute Bonds
2 years ago

Madras High Court Quashes GOs Allowing Police To Exercise Power Of Executive Magistrate, Make Habitual Offenders Execute Bonds

Live Law  

The Madras High Court has held that appointing Deputy Commissioners of Police as Executive Magistrate is violative of the Constitution and the District Police Act. A bench of Justice N Satish Kumar and Justice Anand Venkatesh thus declared two Government Orders as unconstitutional, which gave Deputy Commissioners the powers of an Executive Magistrate while dealing with bonds for keeping peace. …

Calcutta High Court Grants Bail To Accused Under NDPS Act Citing Non-Compliance Of S.41B CrPC
2 years ago

Calcutta High Court Grants Bail To Accused Under NDPS Act Citing Non-Compliance Of S.41B CrPC

Live Law  

The Calcutta High Court recently granted bail to two accused persons in a NDPS case on the grounds that Section 41B of CrPC was not complied with, there were discrepancies in the documents of seizure. While allowing the bail application of the accused persons the division bench of Justice Sabyasachi Bhattacharyya and Justice Rai Chattopadhyay held: “The provisions of Section …

S.41D CrPC | Advocate Cannot Be Permitted To Remain Present With Accused During Entire Course Of Interrogation: Calcutta High Court
2 years, 4 months ago

S.41D CrPC | Advocate Cannot Be Permitted To Remain Present With Accused During Entire Course Of Interrogation: Calcutta High Court

Live Law  

The Calcutta High Court has made it clear that Section 41D of CrPC, which entitles an accused to meet an Advocate of his choice during interrogation by the investigating agency, does not extend to presence of Advocate throughout the investigation.While admitting a criminal revision application preferred by the Enforcement Directorate against the Magistrate's order permitting the Advocate. The Calcutta High …

Arnesh Kumar Guidelines: AP High Court Directs Police To Comply With Arrest Procedure, Issue 41-A CrPC Notices
2 years, 7 months ago

Arnesh Kumar Guidelines: AP High Court Directs Police To Comply With Arrest Procedure, Issue 41-A CrPC Notices

Live Law  

The Andhra Pradesh High Court recently disposed of two applications for anticipatory bail in separate cases, while directing the state Police to ensure that the procedure and guidelines issued by the Supreme Court in Arnesh Kumar v. State of Bihar are complied with before effecting arrest.The judgment obligates the Police to issue notice of appearance under Section 41-A CrPC in …

Refrain Approaching High Court Directly U/S 438 CrPC Before Exhausting Remedy Before Sessions Court, Unless Exceptional Circumstances: J&K&L HC
2 years, 9 months ago

Refrain Approaching High Court Directly U/S 438 CrPC Before Exhausting Remedy Before Sessions Court, Unless Exceptional Circumstances: J&K&L HC

Live Law  

The Jammu and Kashmir and Ladakh High Court recently ruled that although Section 438 of the CrPC gives concurrent jurisdiction to High Court and Sessions Court to consider an anticipatory bail application of an accused yet, as a matter of ordinary practice, High Court does not entertain such applications unless the person apprehending arrest has exhausted the remedy before the …

"Record Satisfaction Before Authorizing Detention In Exercise Of Powers U/S 167 CrPC": AP High Court Directs Judicial Magistrates
3 years ago

"Record Satisfaction Before Authorizing Detention In Exercise Of Powers U/S 167 CrPC": AP High Court Directs Judicial Magistrates

Live Law  

The Andhra Pradesh High Court has directed the State Judicial Magistrates to record their satisfaction before authorizing the detention, in the exercise of powers under Section 167 Cr.P.C., and that they must apply their mind objectively in the obtaining facts of the case and pass a reasoned order.The Bench of Chief Justice Prashant Kumar Mishra and Justice A. V. Sesha …

Section 122 CrPC - Executive Magistrate Can Order Detention Of Person For Breach Of Bond Given For Good Behaviour : Supreme Court
3 years ago

Section 122 CrPC - Executive Magistrate Can Order Detention Of Person For Breach Of Bond Given For Good Behaviour : Supreme Court

Live Law  

While upholding an order of detention passed by an Executive Magistrate, the Supreme Court has explained the scheme of Chapter VII of the Code of Criminal Procedure which contains provisions relating to bond for keeping peace and good behaviour and also the consequences flowing from the breach of such bond.The Court explained the provisions as follows :Chapter VIII of Cr.P.C. …

Summons Cannot Be Issued To An Accused U
3 years, 1 month ago

Summons Cannot Be Issued To An Accused U

Live Law  

The Calcutta High Court on Monday held that before issuing summons to an accused under Section 204 of the CrPC, a Magistrate has to mandatorily hold an inquiry under Section 202 of the CrPC. Justice Ananda Kumar Mukherjee held that the scope of such enquiry under section 202 CrPC is limited to the ascertainment of truth or falsehood of the …

Calcutta HC Grants Bail To NDPS Accused In Custody For 6.5 Yrs Noting Inordinate Delay In Trial, Violation Of Article 21
3 years, 4 months ago

Calcutta HC Grants Bail To NDPS Accused In Custody For 6.5 Yrs Noting Inordinate Delay In Trial, Violation Of Article 21

Live Law  

The Calcutta High Court last week granted bail to an NDPS Accused while observing that there had been inordinate delay in the trial, which resulted in the infraction of his fundamental right under Article 21 of the Constitution of India.Importantly, the Bench of Justice Aniruddha Roy and Justice Joymalya Bagchi further observed that the restriction on. The Calcutta High Court …

Section 205 CrPC- Magistrate Cannot Mechanically Impose Conditions To An Order Dispensing Personal Appearance of Accused : Calcutta High Court
3 years, 8 months ago

Section 205 CrPC- Magistrate Cannot Mechanically Impose Conditions To An Order Dispensing Personal Appearance of Accused : Calcutta High Court

Live Law  

The Calcutta High Court has held that magistrate cannot mechanically impose conditions to an order dispensing the personal appearance of accused under Section 205 Code of Criminal Procedure.It observed that the Magistrate, while passing the impugned order, had merely mentioned that there are certain facts which can only be explained by the accused persons, and those facts are only within. …

Delhi HC Agrees With High Powered Committee, Allows Release of Under Trial Prisoners On Bail Upon Furnishing A Personal Bond [Read Order]
4 years, 11 months ago

Delhi HC Agrees With High Powered Committee, Allows Release of Under Trial Prisoners On Bail Upon Furnishing A Personal Bond [Read Order]

Live Law  

Delhi High Court has agreed with the decision of the High Powered Committee to do away with sureties and release the under trial prisoners on bail upon furnishing a personal bond. The Division Bench of Justice Rajiv Sahai Endlaw and Justice Manoj Kumar Ohri has noted that: '.in view of the unprecedented prevailing circumstances and the matter of decongesting the …

Court Not Denuded Of Power To Look Into Anticipatory Bail Plea In Cases Under SC/ ST Act: Calcutta HC [Read Judgment]
6 years, 3 months ago

Court Not Denuded Of Power To Look Into Anticipatory Bail Plea In Cases Under SC/ ST Act: Calcutta HC [Read Judgment]

Live Law  

The Calcutta High Court has held that despite the recent amendment providing against the applicability of Section 438 CrPC to cases under the Scheduled Castes and the Scheduled Tribes Act, a court is not denuded of its power to look into the anticipatory bail petition of a person accused of having committed an offence under Section 3. The Calcutta High …

Calcutta HC Stays Criminal Proceedings Against Police Constable For 8 Weeks To Enable Him File Writ Petition In SC Without Fear Of Arrest [Read Order]
6 years, 4 months ago

Calcutta HC Stays Criminal Proceedings Against Police Constable For 8 Weeks To Enable Him File Writ Petition In SC Without Fear Of Arrest [Read Order]

Live Law  

The vacation bench presided by Justice Protik Prakash Banerjee of Calcutta High Court encountered a curious petition filed by a police officer accused of corruption, who was earlier denied anticipatory bail by a division bench of the high court. On October 11, Sujit Mondal, had filed anticipatory bail application before the high court, citing a Supreme Court order that granted …

Whether court can look into legality of issuance of process under Section 82 CrPC in an Anticipatory bail application ? Jharkand HC refers it to Division bench [Read Judgment]
9 years, 4 months ago

Whether court can look into legality of issuance of process under Section 82 CrPC in an Anticipatory bail application ? Jharkand HC refers it to Division bench [Read Judgment]

Live Law  

Jharkhand High Court has referred to Division bench, to answer a question whether in an anticipatory bail application preferred under section 438 Cr.P.C., the Court can look into the legality or otherwise of issuance of process under section 82 Cr.P.C.Reference was sought by the Single Bench of Jharkhand High Court in Kumar Anubhav Vs. State of Jharkhand wherein the petitioner …

Whether court can look into legality of issuance of process under Section 82 CrPC in an Anticipatory bail application ? Jharkand HC refers it to Division bench [Read Judgment]
9 years, 4 months ago

Whether court can look into legality of issuance of process under Section 82 CrPC in an Anticipatory bail application ? Jharkand HC refers it to Division bench [Read Judgment]

Live Law  

Jharkhand High Court has referred to Division bench, to answer a question whether in an anticipatory bail application preferred under section 438 Cr.P.C., the Court can look into the legality or otherwise of issuance of process under section 82 Cr.P.C.Reference was sought by the Single Bench of Jharkhand High Court in Kumar Anubhav Vs. State of Jharkhand wherein the petitioner …

Police can seek Custody of Accused who are arrested even after filing of Charge Sheet: Supreme Court [Read the Judgment]
9 years, 7 months ago

Police can seek Custody of Accused who are arrested even after filing of Charge Sheet: Supreme Court [Read the Judgment]

Live Law  

Can remand in police custody be given to the investigating agency in respect of the absconding accused who is arrested only after filing of the charge sheet?This was the legal question that arose for consideration of the Apex Court recently in a case which related to killing of nine persons and injuries to large number of villagers of Village Netai …

‘Law Commission to examine all aspects of Criminal Law’, Section 437A CrPC remains on the statute book
10 years, 2 months ago

‘Law Commission to examine all aspects of Criminal Law’, Section 437A CrPC remains on the statute book

Live Law  

"Recommendation in regard to amendments in the CrPC is pending before the Law Commission of India and it has been requested to examine and give its findings on all aspects of criminal law.," submitted the Additional Solicitor General Mr. Sanjay Jain to the Delhi High Court which was hearing a petition pertaining to a provision, i.e. Section 437A of Criminal …

‘Law Commission to examine all aspects of Criminal Law’, Section 437A CrPC remains on the statute book
10 years, 2 months ago

‘Law Commission to examine all aspects of Criminal Law’, Section 437A CrPC remains on the statute book

Live Law  

"Recommendation in regard to amendments in the CrPC is pending before the Law Commission of India and it has been requested to examine and give its findings on all aspects of criminal law.," submitted the Additional Solicitor General Mr. Sanjay Jain to the Delhi High Court which was hearing a petition pertaining to a provision, i.e. Section 437A of Criminal …

Breaking ; No Automatic Arrest in 498-A Cases, SC Issues Strict guidelines to Police and Magistrates, Non Compliance will Attract Disciplinary & Contempt Proceedings [Read the Judgment]
10 years, 8 months ago

Breaking ; No Automatic Arrest in 498-A Cases, SC Issues Strict guidelines to Police and Magistrates, Non Compliance will Attract Disciplinary & Contempt Proceedings [Read the Judgment]

Live Law  

The Supreme Court, has delivered a much awaited judgment by the common man. If the arrest effected by the police officer does not satisfy the requirements of Section 41 of the Code, Magistrate is duty bound not to authorise his further detention and release the accused. In other words, when an accused is produced before the Magistrate, the police officer …

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