Section 97 of the Criminal Procedure Code (CrPC) of India deals with the power of police to release a person on bail. This section is applicable to cases where a person has been arrested and is being held in police custody, and the police have the discretion to release the person on bail if they believe it is appropriate.
Under Section 97, the police may release a person on bail if they are satisfied that the person is not likely to abscond or tamper with evidence, and that their release will not be prejudicial to the investigation or the prosecution of the case. The police may also consider the nature and gravity of the offense, the character and antecedents of the accused, and any other relevant circumstances when deciding whether to grant bail.
If the police decide to grant bail, they must inform the accused person of their rights and the conditions of bail, which may include the payment of a surety or the deposit of a bond. The accused person must also sign a bond agreeing to adhere to the conditions of bail.
It is important to note that the power to grant bail under Section 97 is subject to the provisions of any other law, such as the Indian Penal Code or the Narcotic Drugs and Psychotropic Substances Act. In cases where the accused person is charged with a non-bailable offense, the police do not have the power to grant bail, and the accused person must seek bail from a court.
In summary, Section 97 of the CrPC gives the police the power to release a person on bail in cases where they are satisfied that the person is not likely to abscond or tamper with evidence, and that their release will not be prejudicial to the investigation or prosecution of the case. This power is subject to the provisions of other laws and the accused person's rights and conditions of bail must be upheld.
धारा 97 CrPC
This letter was later converted into a Conclusion As can be understood from the above discussions that the scope of Section 97 and the writ of Habeas Corpus is almost the same. Which of the following is not true regarding the payment of the emoluments of the President? As a result of these conditions, a writ of habeas corpus was issued. The purpose of this writ is to free someone who has been unfairly imprisoned or detained. Important question answers in Hindi from Constitution. Please Help me I am indeed need of it. Only 20 din ghar pr rhi fir unke papa unko le gye sale ki sadi me. Savita from the wrongful confinement of accused persons.
The State AIR 1968 Before issuing a warrant under this clause, the magistrate must be satisfied that a person has been unlawfully confined, according to the decision of Anuara Begum v. We also quash the proceedings initiated by the respondent being Misc. . What do you think about this? As per Section 97, if any District Magistrate, Sub- divisional Magistrate or Magistrate of the first class has reason to believe that any person is confined under such circumstances that the confinement amounts to an offence, he may issue a search- warrant. Many rival contentions were raised before us. The husband had filed a Writ of Habeas Corpus directly before the Supreme Court contending that his wife had been wrongfully detained by her family because they did not approve of their marriage.
CrPC 97: Section 97 of the Criminal Procedure Code
. In most situations, the appellant should pursue the recovery of conjugal rights remedies provided by Section 97 of the CrPC. Search for persons wrongfully confined. The only question which is to be decided while passing any such order by a court that there was certain wrongful confinement of a person while initiating the proceeding. The SC of Canada stated that the statute requiring the imprisonment of people deemed inadmissible to Canada on national security grounds must be changed to respect their ability to ask for habeas corpus relief. This privilege can be exercised by the usual process of a habeas corpus writ in common law countries, or through the standard procedural process in civil law countries, which includes appeals and petitions for retrial.
Section 97 CrPC : an alternative remedy to habeas corpus
Who among the following holds office during the pleasure of the President? However, in gherao, a warrant can be issued under this section for his rescue Petitioners should, therefore, refrain from directly going to the Supreme Court with writ petitions and must first exhaust other remedies. Q1 How Can we quash this FIR? Click here to read more from the. . . .
“Section 97 Crpc Has Become Dead Letter Due To Shortcuts”: Supreme Court
Querist 24 October 2014 This query is : Resolved Hi All, Greetings, 3 months before one day my better half passed away due to hypoglacimia attack i. And the quashing will be done by HC only. Description If any District Magistrate, Sub-divisional Magistrate or Magistrate of the first class has reason to believe that any person is confined under such circumstances that the confinement amounts to an offence, he may issue, a search-warrant, and the person to whom such warrant is directed may search for the person so confined; and such search shall be made in accordance therewith, and the person, if found, shall be immediately taken before a Magistrate, who shall make such order as in the circumstances of the case seems proper. Section 97 CrPC has become a dead letter due to shortcuts available. She also filed a petition under Section 97 search for persons wrongfully confined CrPC, stating that under Section 6 of the Hindu Minority Act, she was the natural guardian of the child and therefore she should be given her custody. If the person is discovered in the course of the search, he must be taken to the magistrate immediately.
Finally, Section 97 of the CrPC has a lot of potential in Habeas Corpus situations and should not be neglected. In the case of Seeta Devi v. One fine day, at midnight, the revision petitioners and her husband bashed her out of her matrimonial home and snatched back the custody of her minor children. M or Judicial Magistrate of Ist class "has reason to believe that such person is illegally confined", they can issue a search warrant to find that person. Bhai bhabi ko divorce Dena chahte h.
And in Munni Devi v. And after being satisfied in the case of wrongful confinement, he issued a search warrant to recover the minor children and produce them before the courts. . This article is written by Meera Shah , from NMIMS School Of Law, Navi Mumbai. If the allegedly confined person then appears before the Magistrate and states that they are not wrongfully confined, the power under S. The Supreme Court on Tuesday urged a petitioner, having filed a habeas corpus plea under Article 32 against the illegal detention of his wife by her father, to take recourse to section 97, Cr.
See also Malaya Das Nee Ghosh vs Basudeb Das S. . Hadi Raja vs State Of Bihar And Anr on 28 April, 1998 State Of U. See also Exparte Divorce, Absent Even after receiving notice 6. If the tribunal determines that the imprisonment was illegal, the individual must be released immediately.
In the case of Section 97 of CrPC, one must have material facts and reasonable grounds to believe that the corpus has been wrongfully confined. The Writ of Habeas Corpus ensuring liberty of a citizens not just valid in a courtroom. Conclusion Because of shortcuts, Section 97 CRPC has become a dead letter. Hence, it was an example of a case filed under Section 97 of the CrPC as a Case law which employed the writ of Habeas Corpus Sunil Batra v. Since Spetember 2019 till date, she has kept her whereabouts secret and has not allowed me to contact the children, see them or speak to them.