Thursday, October 28, 2010

criminal practice and procedure

GENERALLY, THE CRIMINAL PROCEDURE STARTS WITH POLICE STATION. WHEN ONE HEARD THAT SOME KNOWN PERSON WAS TAKEN AWAY BY POLICE TO THE POLICE STATION, IMMEDIATELY ONE CAN RUSH TO THE POLICE STATION OR POLITICAL LEADER OR THE ADVOCATE. BY THE ACTS AND DEEDS OF POLICE, THE RELATIVES OF THE AGRIEVED PERSON WOULD GET INTO PANIC. THE IMMEDIATE QUESTIONS AROSE IN ONCE MIND THAT HOW TO GET OUT THE AGRIEVED/ACCUSED FROM THE HANDS OF POLICE? WHY THE POLICE HAVE TAKEN AWAY ACCUSED? WHETHER THE POLICE ARRESTED, IF ARRESTED UNDER WHAT CHARGES? AFTER ARREST WHAT THE POLICE DO WITH THE ACCUSED? WHAT TO DO AND HOW TO DO? ARE THE COMMON QUESTIONS THAT DRILLED THE MIND OF EVERY ONE WHO ARE VERY NEAR AND NEXT TO THE ACCUSED? WHEN THE POLICE HAVE TAKEN AWAY THE PERSON TO THE POLICE STATON, ON SOME ALLEGATIONS. WHAT THE POLICE WILL DO ? 1]. ON THE ALLEGATIONS, THE POLICE FIRST REGISTER THE F.I.R. = FIRST INFORMATION REPORT UNDER SEC.154. 2]. AS PART OF INVESTIGATION, THE POLICE IF NECESSARY ARREST THE ACCUSED UNDER SEC. 46, 3]. WITHIN 24 HOURS OF THE ARREST, THE POLICE OUGHT TO HAVE PRODUCE THE ACCUSED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE OR IF NOT AVAILABLE IN TIMELY BEFORE EXECUTIVE MAGISTRATE OF NEAREST AS PER SEC. 57. 4]. AFTER ARREST. THE POLICE HAVE TO INTIMATE THE RELATIVES OR FRIEDNS OF ACCUSED ABOUT THE ARREST AND THE REASON AND HAVE ADVISE THEM TO MAKE ARRANGEMENTS FOR GETTING BAIL FROM THE COURT UNDER SEC. 50 5]. THE POLICE HAVE TO COMPLETE THEIR INVESTIGATION BY EXAMINING THE ALL WITNESSES AND GATHER ING ALL MEATRIALS CONNECTING TO THE OFFENCE AND HAVE TO SUBMIT REPORT TO THE MAGISTRATE WITHIN 24 HOURS UNDER SEC. 161 TO 173.