Section 81 CrPC: Magistrate Procedure for Arrested Persons
This section outlines the procedure a Magistrate must follow when an arrested person is brought before them.
1. Code
Section 81 of the Code of Criminal Procedure, 1973
2. Explanation
When a person is arrested, they must be brought before a Magistrate within a specified time. The Magistrate then has to:
- Inform the accused of the grounds for their arrest. This includes informing them of the specific offense they are accused of.
- Allow the accused to engage legal counsel. The accused has the right to consult with a lawyer and have them represent them in the proceedings.
- Inquire about the legality of the arrest. The Magistrate must ensure the arrest was conducted lawfully and according to the provisions of the CrPC.
- Decide whether to release the accused on bail or remand them to custody. The Magistrate will consider the nature of the offense, the likelihood of the accused fleeing, and other relevant factors when making this decision.
- Order an investigation into the case. The Magistrate may initiate an investigation into the alleged offense, which may include directing the police to gather evidence and conduct further inquiries.
3. Illustration
Suppose a person is arrested for theft. They are brought before a Magistrate. The Magistrate will inform the accused of the theft charge, allow them to engage legal counsel, and inquire about the legality of the arrest. The Magistrate will then decide whether to release the accused on bail or remand them to custody. If remanded, the Magistrate will also order an investigation into the alleged theft.
4. Common Questions and Answers
Q: What happens if the accused is not brought before a Magistrate within the specified time?
A: The arrest may be deemed illegal, and the accused can be released on bail.
Q: Can the Magistrate release the accused on bail without the accused’s request?
A: Yes, the Magistrate has the discretion to release an accused on bail even if the accused does not request it.
Q: What are the factors that the Magistrate considers when deciding whether to grant bail or remand the accused?
A: The Magistrate considers the nature and severity of the offense, the likelihood of the accused fleeing, the possibility of the accused tampering with evidence, and other relevant factors.
