ARREST | TYPES OF ARREST | RIGHTS OF ARRESTED PERSON

 ARREST 

For Explanation watch out 👉:  https://youtube.com/shorts/Te9f9yjW1WE?feature=share

• Chapter V - Sec 41- 60A of CrPC .

• It is a part of the criminal justice system and the first step in criminal proceedings against a suspected person. 

• Timely arrest of the accused is very vital for proper and effective investigation especially in case of serious crimes.

•  The term arrest is derived from the French verb "arreter," which meaning "to stop or stay" and denotes the confinement of a person. 

• An arrest is the act of bringing someone into custody when there is a suspicion that they have committed a crime or other offence. 

• It is carried out when someone is detained for acting illegally. 

• The code has not defined the term "Arrest". The only definition of what constitutes an arrest may be found in Section 46 of the Code, which outlines the procedure for making an arrest.

• After an arrest, further procedures such as interrogation and investigation are carried out. 

PURPOSE OF ARREST

The main objective is to secure the legal system and present the arrested person before a court. 

It also serves the purpose of informing society that an individual has committed a crime and preventing him from committing such crimes in the future.

TYPES OF ARREST

1. Arrest made in pursuance of a warrant issued by the magistrate.

• A warrant must be issued if a person commits a non-cognizable offence such as cheating, public nuisance, defamation, etc. The police cannot make such an arrest without a warrant. 
• A warrant is issued on behalf of the state by a Judge or Magistrate.
• Under Section 155 of the Criminal Procedure Code, the police must obtain a written warrant of arrest from the magistrate before they can arrest someone in a non-cognizable case.

2. Arrest made without any warrant but within the established legal provisions.

• An arrest without a warrant occurs when a police officer is authorized to arrest a person without a warrant. It can happen only when a person commits cognizable offences such as rape, kidnapping, theft, etc.

• Section 41(1) of the Criminal Procedure Code deals with arrests without a warrant. 

RIGHTS OF ARRESTED PERSON

(1) Right to be informed of the grounds for arrest

• In case of arrest without warrant, arresting officer has to tell him the reason behind his arrest. As mentioned in Section 50 (1) CrPC and Article 22 (1) of the constitution 
• In case of arrest with a warrant, arresting officer has to show the warrant and explain the content (Section 75 of CrPC)

(2) Right to be released on bail (for bailable offence)

• According to Sec 50 (2) of CrPC, if the person has committed an offense that is bailable, then the arresting officer must inform the arrested person about the rights to bail and he can arrange sureties for the same.

(3) Right to informed about the arrest (to a nominated person)

• According to section 50A of CrPC , arresting officer must inform about the arrest to a person nominated by the arrestee, with all vital details. It can be family, friends, relatives, or whoever the arrestee chooses.

(4)Guidelines on the arrest of a woman 

• According to section 46(4) of CrPC , there should be no arrest after sunset and before sunrise. In exceptional circumstances, prior permission from the judicial magistrate of the first class to be taken.
• Only a woman officer can arrest a woman. 
• No use of force if the woman arrestee surrenders peacefully but if she resists, only a woman officer can control her physically. 

(5)  Right to be produced before a Magistrate within 24 hours of arrest

• As per the Article 22 (2) of the constitution, arrestee has to be produced before a magistrate within 24 hours of arrest, excluding the journey. 
• In case the arrest is in a different state arresting officer has to take transit remand from the magistrate having local jurisdiction [section 56, 57, 76 of CrPC] . 
• In case of the absence of any logical explanation behind the delay in producing the arrestee, the arrest will be deemed as unlawful.

(6)Right to consult a Legal Practitioner of his choice

• As per Article 22(1) of constitution and section 41D of CrPC, the arrestee can consult with the lawyer of his choice and the lawyer can accompany him during interrogation. 

(7) Right of an arrested Person to free legal aid 

• As per Article 39A of the constitution The court will provide lawyers to those who can’t afford to arrange one.

(8) Right to be examined by a Medical practitioner

• Section 54(1) of CrPC, the arrested person must be examined by a medical practitioner. If the accused is female, medical examination has to be done only by a female medical practitioner.

TRIAL | TYPES OF TRIAL

 TRIAL

In a court of law, a trial is a procedure where a judge or a magistrate hears the evidence and determines whether or not a defendant is guilty of a crime. In India's legal system, there are four different ways to try criminal cases: court of session, warrant case, summons case, and summary trials. Indian criminal law divides the accused's trial according to the severity of the offence. The accused's trial for the offence he committed is separated into four categories: 

SESSION TRIAL

• Chapter XVIII of CrPC  - Section 225 - 237 relates to the provisions governing the trial before the Court of Session. 

• It deals with offences punishable with more than seven years of imprisonment or Life imprisonment or Death.

Check out  this link👉 https://youtu.be/vTQRYtP-5x8  for a detailed explanation and flowchart with sections.

Procedure 

Stage -1

Section 226: – 

• Each trial is to be conducted by the Public Prosecutor (Section 225).
• The Sessions Court is a district-level court that handles only the most heinous and serious matters. 
• The accused is presented before the court with evidence of his offence. 
• The prosecutor's first and most crucial responsibility is to produce evidence in court that will show the accused is guilty.

Section 227: –  

• If, after hearing the evidence and presenting the accused, the judge determines that there is no sufficient basis for the proceedings against the accused, he will release the accused and record the reason for doing so. 

• If, after reviewing the case, the court determines that the accused committed an offence that is triable by the court, the court will frame the charges against the accused of the offence; however, if the offence is not solely triable by the court after the session, the charges are fixed. The Chief Judicial Magistrate or another Judicial Magistrate of the first class is then assigned to handle the case.

Section 228: – 

• All the allegations against the accused must be read out loudly in simple words in front of the accused and ask whether he is guilt to the charges or not.

Stage 2

• Section 229: – If the accused is completely conscious of the allegations made against him and pleas guilty to them, the court will file his plea and convict him, although this is entirely up to the judge's decision. The judge has the authority to convict the accused under section 229, however it is preferable that the accused not be immediately convicted.

• Section 230: – The judge will set a date for the prosecution of witnesses, the presentation of any documents, etc. if the accused declines to enter a plea under section 229 of the law. On the due day set by the court, he will question the witnesses and allow the prosecution's case to be presented.

Stage 3

• Section 232: – If the court determines that there is no proof that the accused committed the crime after reviewing the accused and the prosecution's evidence, the judge declares the accused to be innocent.

• Section 233: – The defence attorney will present evidence in support of his client if the prosecution's case amply warrants the court's decision to frame the accusations and exonerate the accused. The accused may even request to speak with any witness or request that a document be produced, but this should not give the court the wrong impression  against the interests of justice.

• Section 234 and 235: – After hearing both sides, section 314 of the Act applies to make a closing statement  and closing statement is given by defence. After reviewing all the evidence, the judge will make the final decision.

WARRANT TRIAL

• Chapter XIX of CrPC - Section 238 - Section 250, deals with the provisions governing warrant trials.

• Warrant case includes offence punishable with the death penalty, imprisonment for life and imprisonment exceeding two years.

Procedures 

Procedure for the trial of warrants cases by Magistrate are given .One is used by magistrates in cases imposed on police reports (sections 238-243 of the CrPC and sections 248-250 of the CrPC), and the other is used in cases imposed otherwise than on police reports. Sections 244 to 247 of the CRPC and Sections 248 to 250, 275 of the CrPC.

Police report

Stage - 1

• Section 238: – According to Section 207, the Magistrate should satisfy himself that he has received the charge sheet and all the supporting documentation.

• Section 239: – After filing charge sheet under section 173, if the magistrate finds the charge against the accused is baseless, then he shall discharge the accused and record the reasons for such discharge.

• Section 240: – If the magistrate believes that the accused is triable, charges will be filed against him.

 Stage - 2

• Section 242(3): – After framing the charge under section 240, the magistrate must prove under section 242 CrPC and under sub-section (3) of that section that the magistrate proceed to take all such evidence arising in support of the prosecution.

• Section 243: – This provision and the provisions in sub-sections (1) and (2) of Section 243, CrPC, are mandatory. And section 243 provisions  apply to cases instituted  under police report and personal complaint.

Private Complaint

Stage -1 

• Section 244: – If the case is filed on a private complaint and the accused is brought before a magistrate, the prosecution must satisfy itself with all the evidence produced and may issue summons to give directions to witnesses to attend or produce any document.

• Section 245: – After taking all the evidence under section 244, if the magistrate finds it appropriate to free the accused at any previous stage of the case, his charges are considered baseless.

Stage - 2

• Section 247: – The defense counsel will present his evidence to support the accused. If charges are framed against the accused and the magistrate finds him not guilt then the order of acquittal will be issued and he will be issued.

• On the off chance that any case is organized on the objection to judge or to Police official or a blamed individual is introduced before the justice and officer finds that there is no ground against denounced individual then he will be released quickly by the judge, the individual who did the protest will be called to give clarification of why he ought not pay add up to the individual against whom blamed charges were made.

SUMMON TRIAL

• Chapter XX of CrPC - Section 251 - Section 259, deals with the provisions for trial of summons cases by magistrates. 

• Summons cases are punishable with a fine or imprisonment of less than two years. 

Procedure

Stage - 1

• Section 251 : When the accused appears before the court, the magistrate must inform him with details of the offence against which he is accused and if he pleads guilty for the same charges.

• Section 252:  If the accused pleads guilty, his plea shall be taken on record, and the Magistrate based on his discretion may convict him.

• Section 253: if the accused pleads guilty to the charge in his absence on a plea of guilt. The Magistrate has been given the discretion to convict and sentence the accused. The section allows the pleader appearing on behalf of the accused person to plead guilty on his behalf. The fine can be paid through a registered post.

Stage - 2 

• Section 254: If the accused is not convicted under section 252 or 253 of CrPC, the Magistrate will next hear the prosecution's case and record its evidence, as well as the defense's argument and record its evidence. When necessary, summonses are issued to witnesses.

• Section 255: If the Magistrate finds the accused not guilty after recording the evidence, he shall acquit the accused and if the accused is found guilty, the Magistrate either proceed under section 325 or 365 of CrPC or pass the sentence.

• Section 257: With the Magistrate's prior approval, a complaint may be withdrawn at any moment before the decision is made.

SUMMARY TRIAL

• Chapter XXI of CrPC - Sections 260-265 deals with provisions relating to summary trials.

• Cases that are quickly resolved in court proceedings with an easy procedure to follow are recorded summarily. Only minor cases are handled in this trial. 

Procedure 

Section 262 : The procedure to be followed under summary trial  is same as  the procedure specified for summon trail.

Section 263: The Magistrate shall enter the following information in each case tried summarily

• the serial number of the case;
•  the date of the commission of the offence;
•  the date of the report or complaint;
•  the name of the complainant (if any);
• the name, parentage and residence of the accused;
•  the offence complained of and the offence (if any) proved, and in cases coming under clause (ii), clause (iii) or clause (iv) of sub- section (1) of section 260, the value of the property in respect of which the offence has been committed;
•  the plea of the accused and his examination (if any);
•  the finding;
•  the sentence or other final order the date on which proceedings terminated.

Section 264: - In each case of summary trial, if the accused is found not guilty, the magistrate will record the substance of the evidence, and the judgement must also include a brief statement of the reasons for reaching a certain conclusion.

Section 265: The language of the court should be used to record all such records, including the information mentioned in Section 263 and the substance of any evidence and judgement.