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.
Lookout Circular generally issued by the Police Department under their own administrative guidelines and sometimes even the Trial Courts directs the Police to do so if the absence of the Accused is hindering the Trial and / or further proceedings. The production of the Accused by the Police or the appearance of the Accused himself[…..]
In a Police Case, when the Accused was believed to have left the Country or attempting to leave the Country to evade possible arrest or neglecting any inquiry or Trial, then the Police under the highest official Order releases a look out circular against the Accused. The Lookout Circular is issued to the Airports and[…..]
When the Respondent / Accused had not turned up on the hearing date despite a Court Notice and Private Notice were served on him and / or the Notices were returned to the sender for the reasons that the addressee either left the place of his stay or declined to receive the Notices and the[…..]