Code of Criminal Procedure Explained

The Code of Criminal Procedure forms the bedrock of any and every Judicial Service exam in the country. Its thorough knowledge is a must for all aspirants of RJS, DJS, PCS (J) and every other Judicial Service exam. To help such aspirants DELHI LAW ACADEMY JAIPUR has launched a series of study material modules on all important aspects of this vital part of their syllabus:

Section 55A — Health and Safety of Arrested Person

• It shall be the duty of the person having custody of an accused
  • to take reasonable care of the health and safety of the accused

Section 56 — Arrested Person to Be Taken Before Magistrate

• A police officer making an arrest without warrant
  • shall take or send the person arrested
  • before a Magistrate having jurisdiction or
  • before officer in-charge of a police station
• without unnecessary delay and subject to bail provisions

Section 57 — No Detention Beyond Twenty-Four Hours

• No police officer
  • shall detain in custody a person arrested without warrant
  • for a longer period than is reasonable
• Such period shall not exceed twenty-four hours
  • in absence of a special order of Magistrate
• exclusive of
  • time necessary for journey from place of arrest to the Magistrate’s Court

Section 58 — Police to Report Apprehensions

• Officers in-charge of police stations
  • shall report to the District Magistrate
  • all arrests without warrant, whether admitted to bail or otherwise

Section 59 — Discharge of Person Apprehended

• No person arrested by a police officer shall be discharged
  • except on his own bond or on bail or under special order of a Magistrate

Section 60(1) — Power to Pursue and Retake

• If a person in lawful custody escapes or is rescued:
• the person from whose custody he escaped or was rescued
  • may immediately pursue and arrest him in any place in India

Section 60A — Arrest to Be Made Strictly According to Code

• No arrest shall be made
  • except in accordance with this Code or any other law providing for arrest

📘 Free Study Material for Judiciary Aspirants!

Download our FREE study material prepared by Delhi Law Academy’s expert faculty.

✅ Check Free Study Material

Form of Summons: Section 61

• Every summons issued by a Court under this Code
  • shall be in writing, in duplicate
  • signed by the presiding officer of such Court or by such other officer as High Court may by rule direct and
  • shall bear seal of the Court

Section 62(1) — Summons How Served

• Every summons shall be served
  • by a police officer or
  • by an officer of Court issuing it or other public servant subject to such rules as State Govt may make

Form of Warrant of Arrest and Duration: Section 70(1)

• Every warrant of arrest issued by a Court
  • shall be in writing, signed by the presiding officer of such Court and
  • shall bear seal of the Court

Section 70(2)

• Every such warrant shall remain in force
  • until it is cancelled by the Court which issued it or until it is executed

Section 71(1) — Power to Direct Security to Be Taken

• Any Court issuing a warrant for arrest of any person
  • may in its discretion direct by endorsement on the warrant
  • that if such person executes a bond with sufficient sureties for his attendance before Court at a specified time
• the officer to whom warrant is directed
  • shall take such security and shall release such person from custody

Section 71(2)

• The endorsement shall state
  • number of sureties
  • amount in which they and the person for whose arrest the warrant is issued are to be bound
  • time at which he is to attend before Court

Explore More Free Resources from Delhi Law Academy

Stay updated with our monthly current affairs and explore more important legal and judicial-service articles from Delhi Law Academy.