INVESTIGATION TO TRIAL IN CRPC

Criminal Case From Investigation to Trial- The stages evolved

 It is true that crimes and criminals are considered as a terror amidst social life, their family and relatives are also isolated and seen with an eye of vicious flu that could be a threat. The crime and its punishment are  decided by the procedures established by criminal law. Before we illustrate the stages evolved it is atmost necessary for us to know few terms like compoundable & non compoundable offences   https://adityapedialegal.blogspot.com/2020/08/compoundable-non-compoundable-offence.html  bailable & non bailable, https://adityapedialegal.blogspot.com/2020/08/bailable-and-non-bailable-offences.html  cognizable & non cognizable   https://adityapedialegal.blogspot.com/2020/08/cognizable-and-non-cognizable-offences.html police and judicial custody https://adityapedialegal.blogspot.com/2020/08/police-custody-vs-judicial-custody.html  and summon & warrant https://adityapedialegal.blogspot.com/2020/08/warrant-and-summons.html which we have explained in the previous blogs .

there are various stages in a criminal case. Lets understand 27 Stages Of Criminal Cases In India Under Criminal Procedure Code, 1973.

A. Pre-trial stage

B. Trial stage

C. Post-trial stage

A.   Pre-trial Stage

1. Commission of an offence (cognizable or non cognizable)

2.        A. Information to police.

B. Complaint to magistrate.

A. Information to police :

    a. Information of cognizable offence.

    b. Information of non cognizable offence.

a. Information of cognizable offence :

Under Section 154 of the Code of Criminal Procedure, a FIR or First Information Report is registered. FIR puts the case into motion. A FIR is information given by someone (aggrieved) to the police relating to the commitment of an offense.

b. Information of non cognizable offence :

In case of non cognizable offence N.C.R (non cognizable report) is registered by police under section 155 of Cr.P.C. but the police cannot start investigation or arrest the accused without the order of a Magistrate having power to try such case.

 B. Complaint to magistrate –

Section 2 (d) of the Code of Criminal Procedure defines the term 'complaint as any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offence, but does not include a police report. On receipt of a complaint a Magistrate has several courses open to him.

He may take cognizance of the offence and proceed to record the statements of the complainant and the witnesses present under Section 200, CrPC Thereafter if in his opinion there is no sufficient ground for proceeding he may dismiss the complaint under Section 203, Cr PC. If in his opinion there is sufficient ground for proceeding he may issue process under Section 204, Cr PC.

However, if he thinks fit, he may postpone the issue of process and either inquire into the case himself or direct an investigation to be made by a police officer or such other person as he thinks fit for the purpose of deciding whether or not there is sufficient ground for proceeding (Section 202, Cr PC).

He may then issue process if in his opinion there is sufficient ground for proceeding or dismiss the complaint if there is no sufficient ground for proceeding.

3. Investigation by Police :-  Police conduct investigation for

1)  For collection of evidence;

2)  Interrogation statement of accused;

3) Statement of witnesses;

4)  Scientific analysis / opinion if required.

During this time, at any stage decided by investigating agency, accused persons can be arrested.

4. Anticipatory Bail :- Upon registration of FIR for cognizable criminal offence the accused may make an application for anticipatory bail u/s 438 CrPC in session court or high court.

 If anticipatory bail is granted then the accused cannot be arrested. If anticipatory bail is rejected then the accused can be arrested without warrant.

5. Arrest of the Accused :- In case of cognizable offence police can arrest the accused without warrant. However in case of non cognizable offence prior approval of magistrate is necessary.

6. Production of accused to magistrate :- Within 24 hours of the arrest the accused shall be produced before a magistrate having jurisdiction to try such cases.

7. Remand :- Whenever an accused is arrested for any offence and police cannot complete investigation within 24 hours then such person is produced before a magistrate for seeking extension of police or magisterial custody.

8. Final report u/s 173 -After investigation is completed:- The police after completing the investigation have to file a final report under section 173 of the CrPC.If investigating agency feels a prima facie case is made out, charge sheet is filed in Court through the public prosecutor. If police feels that no prima facie case is made out, a final report filed in Court.

9. Cognizance of Offence by Magistrate :- After filling of charge sheet the next stage is taking cognizance of offence by magistrate under section 190 of the Criminal Procedure Code.

10. Service of summons/warrant to accused and Process to compel appearance

11. Appearance of accused before court & engagement of advocate.

12. Filing bail application/ furnishing surety.

13. Decision is taken by the Court after hearing the public prosecutor and the counsel for defence:

A. On question of Charge sheet:

1.  Court can reject charge sheet, in which case the accused is discharged. Or,
2.  Court can accept that a prima facie case is made out, frame the charges, and post the case for trial. Case goes to next stage.
3.  Court can reject the final report, and direct the police to further investigate the case. Case goes back to the Stage of investigation.

14. Framing Of Charge :- After considering the police report and other important documents the accused is not discharged then the court frames charges under which he is to be in trial.

15. Conviction on plea of guilty :- If the accused pleads guilty, the court shall record the plea and may, at discretion convicts the accused.

16. If the accused pleads not guilty. Case is posted for trial.

B. Trial stage

B. Trial stage

17. Commencement of trial -. Trial may be -

a. Sessions trial

b. Warrant trial

c. Summons trial

d. Summary trial

18. Prosecution evidence:- After the charges are framed, and the accused pleads guilty, then the court requires the prosecution to produce evidence to prove the guilt of the accused. The prosecution is required to support their evidence with statements from its witnesses. This process is called "examination in chief". The magistrate has the power to issue summons to any person as a witness or orders him to produce any document.

19. Statement of the accused:- Section 313 of the Criminal Procedure Code gives an opportunity to the accused to be heard and explain the facts and circumstances of the case. The statements of accused are not recorded under oath and can be used against him in the trial.

20. Defence evidence:- An opportunity is given to the accused in a case where he is not being acquitted to produce so as to defend his case. The defense can produce both oral and documentary evidence. In India, since the burden of proof is on the prosecution the defense, in general, is not required to give any defense evidence.

21. Final Arguments:- Public Prosecutor and the defence counsel present their arguments.

22. Judgment and sentence by the Court:- The final decision of the court with reasons given in support of the acquittal or conviction of the accused is known as judgment.

23. Arguments on sentence:- When the accused is convicted, then both sides are invited to give arguments on the punishment which is to be awarded. This is usually done when the person is convicted of an offense whose punishment is life imprisonment or capital punishment.

However when the sentence is pronounced in a summons case, the parties need not argue on the amount of punishment given. The sentence is the sole discretion of the judge.

24. Judgment of Court passing sentence:- After the arguments on sentence, the court finally decides what should be the punishment for the accused. 

C. Post-Trial Stage

25. Appeal (within specified period of limitation)/Revision :- Appeal can be filed by party aggrieved by judgment on acquittal / conviction /sentence. On notice being issued to the opposite parties, arguments are placed before Appellate court by defence counsel and the public prosecutor. Or,

25 .A. Revision Application :

Where there is right of appeal provided but no appeal is filed,  then in its discretion of the Sessions Court or the High Court if it can entertain a revision to prevent miscarriage of Justice occurred by the orders of the lower court.

26. Judgment of the Appellate Court or Court having revisional jurisdiction.

27. Execution of Sentence.

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BAILABLE AND NON-BAILABLE OFFENCES

BAILABLE & NON-BAILABLE OFFENCES

The first schedule of the CrPC is divided into two parts wherein the first part deals with the offences given under IPC and the second part deals with the offences under other laws.

Law Lexicon defines “Bail” as security for the appearance of the accused person on giving which he is released pending trial or investigation. The basis of bail lies in the principle that there is a presumption of innocence of a person till he is found guilty.

 

BAILABLE OFFENCES

• Section 2(a) of CrPC defines bailable offences as the offence that has been shown in the First Schedule as bailable or which is made bailable by any other law for the time being in force. 
• As per the last item of the First Schedule, an offence in order to be bailable would have to be an offence which is punishable with imprisonment for less than three years or with fine only. 
• Some of the common bailable offences are: 
• Simple Hurt (Section 337; IPC), 
• Bribery (Section 171E; IPC), 
• Public Nuisance (Section 290; IPC),
• Death by Rash or Negligent Act (Section 304A; IPC).

Right to be released on bail

• As per Section 50 of CrPC Whenever a person is arrested without warrant, it is the duty of the police officer to communicate the full detail of the offence for which the person is arrested. 
• If the offence for which the person is arrested is a bailable one, it is the duty of the police to inform that he is entitled to be released on bail after giving surety.

( please read the earlier blog - POLICE CUSTODY VS JUDICIAL CUSTODY (INDIAN SCENARIO) and the case law DK BASU vs STATE OF WEST BENGAL)

 

https://adityapedialegal.blogspot.com/2020/08/police-custody-vs-judicial-custody.html

 

• As per Section 436 of CrPC, whenever a person accused of a bailable offence is arrested without warrant and is prepared to give bail, such person shall be released on bail. The discretion to decide the bail amount is with the Court or with the officer, as the case may be.

• In the case of Rasik Lal v Kishore (2009) 4 SCC 446, Supreme Court held that, in case a person is arrested for any bailable offence, his right to claim bail is absolute and indefeasible and if the person accused is prepared, the court or the police as the case may be will be bound to release him on bail.

Procedure

In order to apply for a bail in the case of a bailable offence, the person needs to fill a form of bail i.e. Form No. 45 which is given in the first schedule and apply for bail and the Court will have to grant bail.

NON-BAILABLE OFFENCES

• As per Section 2(a) of CrPC, non-bailable offence includes all those offences which are not included in bailable offence in the First Schedule. 
• The First Schedule in its Second part at its end has defined non-bailable offence as the offences which are punishable with death, imprisonment of life or imprisonment for more than seven years.

Right to be released on bail

• A person accused of a non-bailable offence does not have right to be released on bail but the bail can be granted at the discretion of the court, subject to certain conditions given in Section 437 of CrPC. 
• If a person is arrested on accusation of commission of any non-bailable offence, then the person will not be released on bail if there appears a reasonable ground that the person is guilty of an offence punishable with death or imprisonment of life. 
• A person accused with an offence punishable with death or imprisonment of life can be released on bail if the person is below the age of sixteen years.
• At any stage of investigation it appears to the Court that there are reasonable grounds for believing that the person has not committed a non-bailable offence, the person may be released on bail at the discretion of Court on execution of a bond.
• In a case a person is accused with commission or abetment or conspiracy or attempt to commit any offence against state or with offences affecting human body or with offences against property may be released on bail but the Court may impose conditions that it deems necessary in order to ensure that the person shall Attend the Court in accordance with the conditions of the bond executed.

Magistrate grants bail and Records

• In the case triable by Magistrate, if the trial of a person accused with a non-bailable offence is not concluded within a period of sixty days, such person will be released on bail.
• The condition for granting the bail is that the person needs to be in custody during whole period. If the bail is not granted to such a person, the reason for not granting the bail will be recorded in writing by the Magistrate.
• If the person accused of non bailable offence is granted bail because of any of the conditions mentioned above, the authority granting the bail will have to record the reason in writing.

Anticipatory Bail

• In case a person is of the apprehension that he might be arrested on the accusation of a non-bailable offence, he can apply to High Court or Court of Session for bail under Section 438 of CrPC. 
• The grant of bail will be on the discretion of the Court subject to certain conditions, including conditions that the person shall:

1. Make himself available for interrogation by Police Officer as and when required.
2. Not make any inducement, threat or promise to any person so as to deter him from disclosing any material facts to the Court or any police officer.
3. Not leave India without prior permission of the Court.

Procedure for Anticipatory Bail

In order to apply for Bail under Section 437 or Section 438 of CrPC, the accused is required to fill the Form No. 45 given in the First Schedule and apply for bail. It is the discretion of the Court whether it grants or rejects the application for bail.

Cancellation of Bail

CrPC under Section 439(2) provides for cancellation of bail by a High Court or a Court of Session. A High Court or Court of Session may direct that any person who has been released on bail be arrested and commit him to custody on an application filed by the complainant or the prosecution.

• In the case of Public Prosecutor v. George William,
• the Court listed 5 circumstances under which bail could be cancelled. They were:
• 
  
• Where the accused during the period of bail commits the same offence for which he is being tried;
• Hampers investigation;
• Tampers evidence, like intimidating prosecution witness;
• Runs away or goes beyond the control of sureties;
• Commits acts of violence against police or informant

Other grounds as inferred from judicial dicta are as under:

• Misrepresentation of facts 
• Improper exercise of discretion by Judges 
• Bail granted on the basis of irrelevant material

Power of Police to Grant Bail

• In case of bailable offence the police has power to grant bail, but after the challans are filed in court.

• If a person is arrested for a bailable offence, he is entitled to be released forthwith on bail at the police station itself as a matter of right on furnishing a bail bond.

If bail application has been rejected, can the same be filed again?

• Yes, bail application can be subsequently filed even after rejection. The principle of constructive res judicata does not apply to such applications,However, subsequent applications shall be placed before the same Judge who had passed earlier orders to prevent abuse of process of Court [Shahzad Hassan Khan v. Ishtiaq Hassan Khan (1987)

In which cases release on bail is mandatory 

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WARRANT AND SUMMONS

Summons 

A written notification issued by a civil court requiring that one must appear before the court in prescribed manner.Summons case means a case relating to an offence, and not being a warrant case. 

In the Code of Criminal Procedure, section 61 to 69 deals with summons. Section 204  also deals with summon issuance by the magistrate after cognizance of the offence.

• It issued by a Court are in writing, in duplicate, signed by the presiding officer of Court or other officer as the High Court may direct, and shall bear the seal of the Court.
• Its legal document issued by a Court on a person involved in a legal proceeding. 
• It severed on a person against whom legal action taken or any witness of legal proceeding. 
• A summon served on defendant by plaintiff to ensure fair trial.
• If the summons not duly served then no action lies against the defendant. 

warrant-case

Warrant-case means a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years.

Warrant in CrPC

sec 70 of CrPC -Form of warrant of arrest and duration

• Every warrant of arrest issued by a Court under this Code shall be in writing, signed by the presiding officer of such Court and shall bear the seal of the Court.
• Every such warrant shall remain in force until it is cancelled by the Court which issued it, or until it is executed.

Types of Warrants

There are three main types of criminal warrants

• Arrest Warrant
• Bench warrant
• Search warrant

Arrest Warrant: An arrest warrant is a warrant issued on behalf of the state by a magistrate or judge, authorizing the arrest and detention of an individual, or the search and seizure of an individual's property.
Arrest Warrant includes a bailable arrest warrant and a non- bailable arrest warrant.

• Bailable Arrest Warrant - Warrant to be executed by a policeman, but after the execution, the person arrested can be released by providing a bail which can be bond or cash as per the warrant.
• Non Bailable warrant - Warrant, where arresting or executing police officer, cannot do anything but remand the accused to police station and produce the accused before a magistrate who issued the warrant who will then either recall the warrant with fine or send the accused to judicial custody and order the accused to go to court and apply for regular bail.

Bench Warrant: The arrest warrant that is ordered by a judge against the defendant in a criminal case or any similar proceedings is known as a bench warrant.
A bench warrant is issued when one fails to appear before the court. The term "bench" is derived from the traditional meaning for the judge's seat.

Differences

Arrest Warrant: Generally, the police are supposed to obtain an arrest warrant, issued by a judge based on probable cause, before taking an individual into custody.

Bench Warrant: A judge issues a bench warrant when an individual fails to appear in court. It is not at the request of the police. It is based on the court's jurisdiction over individuals to require their appearance in court.

Search Warrant: It is an order issued by magistrate or judge to authorize law officers to search for a person, his vehicle or location, to get evidence for a crime and to seize any evidence if found.


Summons in Civil Cases
Order V of the Civil Procedure Code, 1908 deals with the procedure of service of summons on the defendants and respondents in a civil suit while Order XVI of the Code deals with the procedure of service of summons on the witnesses in the proceeding. There are 30 rules under Order V that give detail explanation of the procedure of issue and service of summons distinctly.

• Rule 1 states that when the plaintiff has filed the plaint and the plaint has been admitted by the court, the court should issue a summon calling the defendant to answer the claims of the plaintiff and file a written statement which is basically a reply to the plaint.
• Rules 11 to 15 explain service of summons when there are more than one defendants. According to these rules, summon should be served to each of the defendants individually and in person as far as practicable.
• Rule 13 and 14 provide that a summon can be served to the agent of the defendant or any representative in his place of work and that shall complete proper service of summons.

if summoned person does not appear:

If the summoned person appears on the date ushered, the case continues without adjournment and moreover, the court is empowered to pass an ex-parte decree, i.e. award in favour of the party who is present in the court if the other party does not appear even after receiving the summons.

service of summons:

There are many ways of service of summons under the CPC that have been recognized by the courts. These are:

• Service by hand
• Service by post
• Service by E-mail
• Service through WhatsApp

Service by E-mail:   The courts have been inclined to use electronic means to serve summons and notices to save time and money. 

• In the case of Central Electricity Regulatory Commission v. National Hydroelectric Power Corp. Ltd.

Service through WhatsApp: The application has threefold tests to check the status of a sent message. It provides ‘one tick’ for messages that are sent, ‘double tick’ for messages that are received and ‘a blue double tick’ for messages that have been either read or at least opened.

•  In Tata Sons v. John Doe, the Delhi High Court permitted the plaintiff to serve summons to the defendant via WhatsApp and e-mail.
•  The landmark case in this regard, however, is Ruma Pal v. Kumar. In this case, the defendant husband had fled to Australia to avoid any suit filed by his wife for domestic violence and it was very difficult to serve summons while he was in Australia.

Summons in Criminal Cases

Chapter 6 of the Code of Criminal Procedure, 1973 deals with issue and service ofsummons upon the accused person and the witnesses in a criminal case.

•  Sections 61 to 69 are the relevant provisions whereby Section 61 deals with ideals with issue of summons and remaining provisions deal with service of summons.
• Summons are also issued to witnesses in a criminal case whom the prosecution of the defence proposes to examine. These summons contain a brief explanation of the matter and their role in the case and their need to testify.

service of summons:

criminal case, the summon is not sent through court officers or the parties but police officers, there are not multiple ways of service of summons. Summons are served in person or through post only. However, the service of summons depends upon the accused and the recognized modes are:

• Service by hand
• Service to Corporate Bodies
• Service by hand

Service by hand : As already explained, the police officer carries the summon issued by the court and the same is delivered to the accused person at his residential address and a copy of the summon is received with acknowledgement from the accused of the receipt of the summons.

Service to Corporate Bodies : When the accused is a company or co-operative society or any other form of body corporates, the summon may be served through the post to the secretary of the organization or the Local Manager or any person in authority who is the principal officer of the organisation

Service to Missing persons: When the accused cannot be found or is missing, the summon can be served to any adult member of his family provided the family members are residing in the same dwelling house or the same city and the family is responsible to intimate the accused. If there are no family members or any next kin to whom the summon can be served, the police officer may annex a copy of the summon on the house of the accused or on the walls of the places near his house where they can be easily located and read by the accused.

Summary of summon and warrant in civil and criminal cases:

• A civil court can issue warrant for arrest against certain persons and in some special circumstances.
• Witnesses are generally the persons who can be arrested under CPC
• Normally, a warrant cannot be issued against the defendant
• A defendant may or may not appear in obedience to the summons issued in a civil suit but the court has no power generally to compel his appearance;
• It is for the defendant to protect his interest in a civil case. The court, if finds that a defendant has not put appearance despite service of summons or that he deliberately avoided the service, can proceed in the matter ex-parte;
• Warrant for arrest can be issued against a defendant if he has been called as a witness or to produce a document;
• In execution of decree, a warrant for arrest can be issued against a judgment debtor;
• A warrant for arrest can be issued even against a defendant in certain exceptional situation where there is probability of his abscondence with a view to frustrate the purpose of the suit;
• All the warrants for arrest issued under the CPC are to be addressed to bailiff of the court;
• A civil court cannot direct the police to arrest a person for its proceeding under the CPC;
• Before issuance of warrant, preconditions for issuance of notice and subsistence allowance have to be complied with;
• Women cannot be arrested in execution of a money decree;

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POLICE CUSTODY VS JUDICIAL CUSTODY (INDIAN SCENARIO)

POLICE CUSTODY 

VS

JUDICIAL CUSTODY

After the custodial death in Sathankulam in Tamiladu, there has been a lot of confusion and misinterpretation of custody,arrest, custodial death, police and judicial custody. So we are here to discuss on the difference of these custody and its power, along with some famous cases. This blog is made as simple as possible for easy understanding so that the concept is easily understood yet covers the examination perspective too. Ready?

The word 'custody' means apprehending someone for protective care.The words "custody" and "arrest" are not synonymous. 

It is true that in every arrest there is custody but vice versa is not true. Actual seizure or touch of a person's body with a view to arresting is necessary, mere utterance of the word does not amount to arrest .

Arrest, remand and bail are components related to investigation. They generally come into play as an aid to investigation. Arrest directly curtails personal liberty of an individual. It strikes at his freedom. Therefore, many a times unwarranted arrests have reached courts of law. There have been occasions when unlawful detention has been considered as a violation of fundamental right and compensation thereof has been paid. There are several provisions which incorporate safeguards for illegal arrest. 

• A suspect under Police Custody or Judicial Custody is assumed to be a suspect. A suspect becomes a criminal only after the court finds him/her guilty and convicts him/her for the crime reported of.

One of the landmark case on the guidelines to be followed during arrest.

Now you can easily compare the hot current case of sathankulam for becoming sensational. read ahead to understand better and know more 

POLICE CUSTODY:

• When following to the receipt of an information/complaint/report by police about a crime, an officer of police arrests the suspect involved in the crime reported, to prevent him from committing the offensive acts further, such officer brings that suspect to police station, it's called Police Custody.
• It is actually the custody of a suspect with the police in a jail at the police station, to detain the suspect.
• During this detention, the police officer in charge of the case, may interrogate the suspect and this detention is not supposed to be longer than 24 hours.
• The officer in charge of the case is required to produce the suspect before the appropriate judge within 24 hours, these 24 hours exclude the time of necessary journey from the police station to the court.

Highlights:

• If the method of arrest is not performed as prescribed by Sec. 46 of CrPC, the arrest would be nugatory.
• Police Custody means that police has the physical custody of the accused.
• the accused is lodged in police station lockup
• Section 167 of the Code of Criminal Procedure allows that a person may be held in the custody of the police for a period of 15 days on the orders of a Judicial Magistrate and an executive magistrate may order for a period of custody extending up to 7 days. 
• If no judicial magistrate is immediately available then he may be taken before an executive Magistrate who can remand him to custody for a maximum of 7 days following which he must be taken before a judicial magistrate.

The Procedure

• When a person accused of a cognizable offence is arrested and detained by the police and produced within 24 hours(excluding travelling time from the place of arrest),or he himself surrenders before the nearest Magistrate. 
• Then the Magistrate can either release him on bail or he can either send him to judicial custody or to police custody. 
• If the accused is juvenile, his age is to be ascertained and if he finds that he is juvenile, then he be directed to be produced before Juvenile Justice Board.
• A police officer in charge of a suspect may treat the suspect arbitrarily.
• In case of arrests by police and pending the investigation, the lawyer of a suspect generally prays for Bail or Judicial Custody. In Judicial Custody, suspect becomes responsibility of Court.

Police Custody with permission to interrogate -

• During Judicial Custody, the police officer in charge of the case is not allowed to interrogate the suspect.

However, the court may allow the interrogations to be conducted if it opines the interrogation being necessary under the facts produced before the court.

• If the accused is released on bail for bailable offence and if later on non bailable offence is added, then police can arrest the accused without seeking cancellation of order of bail 

JUDICIAL CUSTODY:

• Judicial Custody means an accused is in the custody of the concerned Magistrate.
• the accused is the jail
• A judicial custody may extend to a period of 90 days for a crime which entails a punishment of death, life imprisonment or period of imprisonment exceeding 10 years 
• 60 days for all other crimes if the Magistrate is convinced that sufficient reasons exists, following which the accused or suspect must be released on bail.
• If a person is transferred from police to judicial custody the number of days served in police custody is deducted from the total time remanded to judicial custody.
•  in case of judicial custody ,such person can be sent to Prison, either within first fifteen days or even thereafter.
• On a combined reading of S.167(2) and (2A) it emerges that the Judicial Magistrate to whom the Executive Magistrate has forwarded the arrested accused can order detention in such custody namely police custody or judicial custody under S.167(2) for the rest of the first fifteen days after deducting the period of detention order by the Executive Magistrate. The detention thereafter could only be in judicial custody.
• The provisions of Section 167 of Cr.P.C extends to allowing the person bail if there is not sufficient cause to hold him in custody. The Section, however also explicitly states that if the accused is unable to furnish bail then he continues to remain in custody. 

Specific Rights during arrest and custody: 

• While passing the orders, the Magistrates must also see to the background of the victims and follow the guidelines mentioned in D.K.Basu V. State of West Bengal (AIR 1997 SC 610)
• Governing the right of medically unfit prisoners
• These are that women accused of any offence, if arrested so soon after child birth that they cannot at once be taken before the Magistrate without personal suffering and risk to health should not ordinarily be removed until they are in a proper condition to travel.
• They should be allowed to remain under proper charge in the care of their relations, or be sent to the nearest dispensary, and suffered to remain there until the officer in charge of the dispensary certifies that they are sufficiently recovered.
•  sanction must be obtained by the police from the nearest Magistrate for their detention at their homes, or in the dispensary, beyond the period of 24 hours as allowed by section 57 of the code of criminal procedure 1973.

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