Save my name, email, and website in this browser for the next time I comment. Allowing a person who is accused of such a grave offence out on bail even before he is arrested would not only interfere with investigation process but also may erode the faith of the citizens in the justice delivery system. The argument that the custodial interrogation is fraught with the danger of the person being subjected to third degree methods need not be countenanced, for, … The same procedure should be followed in the case of other accused persons who are too ill to travel. Right to Counsel during Custodial Interrogation.
Ltd. disclaims all liability to any person for any loss or damage caused by errors or omissions, whether arising from negligence, accident or any Police station in the morning so we could go to ???? The rights of the accused begin from the time of his arrest. which is a corollary to Article 22, Clause (1) and (5) of the Constitution of India, enacts, that the persons arrested should be informed of the ground of arrest, and of the right to bail. Slideshare uses cookies to improve functionality and performance, and to provide you with relevant advertising. Section 167(2) Cr.P.C. All Rights Reserved. There are also specific rights during arrest and custody, governing the right of medically unfit prisoners. It goes without saying that the balancing act more often than not results in upholding the right of the investigating agency to obtain custodial interrogation. It has been held that the crucial date when the legality of the remand is to be looked into is the date when the petition comes up for hearing, in Kana v. State of Rajasthan[vi] the Jaipur Bench of the Rajasthan High Court, referring to the Full Bench decision of the Patna High Court, in Babunandan Mallah v. State[vii] held that “if the detention of the accused is legal, when the bail application is preferred, his previous illegal detention should not be considered.”. Requirement Of Custodial Interrogation In Grave Offences Should Be Assessed Practically: Delhi HC [Read Judgment]. Post was not sent - check your email addresses! Police custody may extend only up to a period of 15 days from the date custody begins but judicial custody may extend to a period of 90 days for a crime which entails a punishment of death, life imprisonment or period of imprisonment exceeding 10 years and 60 days for all other crimes if the magistrate is convinced that sufficient reasons exists, following which the accused or suspect must be released on bail. The detaining authority may be changed during the pendency of the detention, provided that the total time period does not extend 15 days. The other right that is accorded to the accused is a derivative of the principles of natural justice which would dictate that the police proceed as swiftly as possible with the investigation so as to cause minimum suffering to all parties concerned. The accused argued that the de facto complainant had made no allegations against him in the complaint. Unauthorized use and / or duplication of articles / content / information / images from this blog is strictly prohibited. : The content of this In other words the IA should bring to the notice of the court the materials collected against an arrested accused to persuade the court to grant remand. Determining Whether an Interrogation is Custodial Since each situation is different, courts can consider a broad range of factors in determining whether a custodial interrogation was occurring. If there is no magistrate on duty at night what procedure has to be followed and relevant section of laws. The provisions for holding a person in custody for th… Police custody cannot be more than 15 days  in toto. Now customize the name of a clipboard to store your clips. In its discussion, the Supreme Court has made a brief reference to the judgment in Siddharam Mhetre’s case (supra) to discuss only a few of the many parameters this judgment has elaborately set out. Section 167 must also be expanded so that remedies must be available for past illegal detentions or arrest even if in the present case custody is legal. Rather, it means that the police have deprived the suspect of his or her freedom of action in any significant way.

This clearly shows that such provisions under Unlawful Activities (Prevention) Amendment Act, 2008 for custodial interrogation is definitely beyond any logic and the longest period allowed for custody of detainees compared to most progressive countries. In Russia, the period is five days and in France six days. The Supreme Court did not delve into certain crucial factors which assume extreme relevance in the facts of P Chidambaram’s case. Mr. Gupta was, therefore, denied bail, “in view the serious nature of the offence committed and gravity of the accusation and the possibility of the petitioner to tamper with the evidence or flee from the justice”. For real-time updates on stories, Click here to subscribe to our WhatsApp. Blog are for informational purposes only and for the reader's personal non-commercial use. Learn how your comment data is processed.

Section- 54 of CrPC – It provides a right for medical checkup of the arrested person by the medical officer before and after the interrogation takes place to ensure that the person has not been subjected to any cruel or brutal act of the police. HNLU Raipur | Alma Matters | Webinar on Law School to Law Firm – Convergence and Divergence. It must be added that the judgment has also alluded to the practical situation that grant or rejection of anticipatory bail will almost always be based upon a given set of facts and situations. Hussainara Khatoon (IV) v. Home Sec., State of Bihar (1980) 1 SCC 98. Learn more. No doubt, arrest of a person, accused of an offence, may tarnish his image and that of his family members, relatives, friends, nears and dears. The stock argument of an investigating agency to oppose grant of anticipatory bail is the need for custodial interrogation. Ltd. All rights reserved. “The requirement of the offender for custodial interrogation in serious and grave offences should be assessed from a practical approach. The bill seeks to expand the definition of “terrorist act” to include offences that threaten the country’s economic security and also seek to include procurement of weapons, raising funds for terrorist activities and counterfeiting Indian currency under the definition of a “terrorist act”. Khatri (II) v. State of Bihar (1981) 1 SCC 627. other cause. WHEN CHARGE SHEET IS IN 363 366 120B i.p.c$3/4 pocso act While in custody, several rights of the accused are on hold but some basic human and fundamental rights are nonetheless within his reach. In order to do complete justice, the judgments in Gurbaksh Singh’s case and Siddharam Mhetre’s case (supra), which have defined the legal framework for grant of bail, have to be made the guiding beacon in the quest to find objectivity in anticipatory bail cases. Under such circumstances, it can be reasonably argued that the judgment in Anil Sharma’s case is per incurium. in this irregularity what is law? They are in judicial customary because they have not been able to arrange a surety while the orders for their judicial remands are being passed in a routine manner.” This drawback also persists when the accused is unaware of his rights. Change ), You are commenting using your Facebook account. In this decision, the Supreme Court has added a new dimension to the interpretation of Section 438 by specifying that there is no requirement to make out a ‘special case’ for exercise of power under Section 438. As such, the nature and seriousness of the proposed charges and apprehension that witnesses or evidence will be tampered with are also relevant considerations for swaying the final outcome. In the case of Elumalai v. State of Tamil Nadu[iv] the court has held that “For a speedy trial, the prosecution agencies also must take a prompt step in completing their investigations and filing their final reports as contemplated under the Code as expeditiously as possible. The Court was hearing an application for anticipatory bail by one Mr. Prakash Gupta in a case registered against him under Section 409 (criminal breach of trust) of Indian Penal Code. Custodial interrogation implies when an accused is in the custody of enforcement officials or police officers for interrogation.

However, court must not be oblivious to the fact as to trauma, pain, sufferings of the victims and their family members. Section 167 of the Code allows that a person may be held in the custody of the police for a period of 15 days on the orders of a magistrate. judicial magistrate. For the custody to be legal, a person may not be held in custody for more than 15 days. I need advise regarding ipc 167 & 219. The silence of the accused cannot be construed as his admission. P.C. Injury sustained by under trial prisoner – it has to be enquired by the magistrate and the magistrate should not mechanically sign the order. 25 of Constitution, Mechanism for regulating the legal profession need to be reviewed on urgent basis, Bom HC | Subsequent bail application not maintainable if grounds which were available were not raised in previous application, Ori HC | ‘Default Bail’ granted under S. 167(2) CrPC in case of non-compliance of notice under S. 36 A (4) NDPS Act, Bom HC | Are Co-operative societies now a part of ‘constitutional scheme’ by Constitution (Ninety-seventh Amendment) Act, 2011? It is the right of the accused that he is brought before a magistrate within 24 hours of arrest, excluding the time taken in transportation from the place of custody to the magistrate.

The first thing that happens to a suspect on arrest is that he is taken into police custody, following which he is taken before a magistrate and he may either be remanded to judicial custody or be sent back into police custody. Required fields are marked *. An accused in India, with a ‘limited right’ to legal advice at the time of custodial interrogation, stands on a weaker footing as compared to a counterpart in other countries mentioned above. Remand orders should be passed by magistrate on proper application of mind and not mechanically. The section, however also explicitly states that if the accused is unable to furnish bail then he continues to remain in custody. Article 22 (1) also provides that he shall be entitled to consult and to be defended by a legal practitioner of his choice[i]. and in exceptional IBC Suspension: Too Much To Chew On For The Banks? must be strictly complied with. The magistrates must also see to the background of the victims before passing orders. The conditions for grant of custodial interrogation: (section 167 Cr.P.C.) The Constitution of India under Article 22 provides for the protection of the arrested person to the extent that he has a right to be informed of the reason for arrest and he must be produced before the nearest magistrate within a period of 24 hours. Further, the accused 1 to 4 were alleged to have abducted the de facto complainant and extorted money from him. Such an inquiry also appropriately secures the interests of the prosecution/investigating agencies. These two judgments have been eloquently reiterated by the Supreme Court in Bhadresh Seth v. State of Gujarat (2016). What is the law if person is arrested under section 420 on Friday evening? If a person is transferred from police to judicial custody the number of days served in police custody is deducted from the total time remanded to judicial custody. The accused is required in custody for further investigation Budh Singh v. State of Punjab (2000) 9 SCC 266. Notably, the judgment authored by Justice Krishna Iyer in the case of Nandini Satpathy v. PL Dani broke new ground by its opinion that Article 20 (3) becomes operative from the stage of police interrogation. On a combined reading of S.167(2) and (2A) it emerges that the Judicial Magistrate to whom the Executive Magistrate has forwarded the arrested accused can order detention in such custody namely police custody} or judicial custody under S.167(2) for the rest of the first fifteen days after deducting the period of detention order by the Executive Magistrate. A magistrate must be convinced that there are exceptional circumstances present to extend this custody for a maximum of 60-90 days depending on the nature of the crime being investigated.