Prisoner Transfer Warrant in short called PT Warrant. Wherein, a Court requires an Accused in the Case it handles, however, it has come to light that the same Accused is in Jail for commission of another offence [for which he was remanded to judicial custody by another Court] and in such Case, the Court which […]
No. It is illegal and unlawful. A person once convicted or acquitted he shall not be tried for the same offence and or on the same fact under Section 300[1] of Cr.P.C. At the same time, if the person had committed any other offence associating him with the previous offence for which he was convicted[…..]
Law does not prescribes any [particular] number of days for the Accused to be kept in the Judicial Custody before granting of Bail. However, Section 167[2] [i] and [ii] allows the Jurisdiction Magistrate to give the Accused a mandatory Bail based on the offences he commissioned. Mandatory Bail could be granted to the Accused after[…..]
An Accused immediately upon his detention by the Police, he is required to be produced before the Jurisdiction Court for his remand. Remand means “Custody.” Custody is of two types; Police Custody, and Judicial Custody Generally, based on the gravity of offence committed by the Accused and if his custody deems inevitable for investigation and[…..]
The Prisoner who is jailed and concurrently facing Trial of his case in the Court is a one, who is under Trial Prisoner. Generally, the Accused might be a foreigner or terrorist or a habitual offender and who once let out on Bail, chances are there he would flee, and securing his presence in the[…..]
The non-appearance of the Accused and absence of his Counsel on the hearing date and / or non-filing of a Petition under Section 317 Cr.P.C. condoning the Accused absence, in such case, the Court leaves with no other choice but to issue a Non-bailable Warrant against the Accused. As a result of Non-bailable Warrant, the[…..]
The Warrant of Arrest could be executed by anyone including a private person, however, to expedite and legitimate the arrest legally, the Police are predominant party as its Executant.
In Criminal Law, Warrant of Arrest is a Court Order. It is issued under Section 70[1] of Cr.P.C. by the Court invoking the arrest of the Accused and produce him in the Court.
Private Notice is also another form of Summons. Whereas, in this case, the Notice is sent by the Complainant directly to the Accused / Respondent under the instructions from the Court informing former’s appearance in the Court on the said date and time.
Summons in short is a Notice issued by the Court to the Accused or Respondent or Witnesses [according to the nature of the case] for his appearance in the Court on the pre-determined date. In order to secure the presence of the Accused, the Court may also follow substituted services.