Can chargesheet be filed if accused is absconding?
If the Investigating Officer does not believe that the accused will abscond or disobey summons he/she is not required to be produced in custody. ‘Custody’ in Section 170 merely denotes the presence of the accused by the Investigating Officer before the court while filing the charge sheet.
What happens if accused is absconding?
if the accused is still absconding, the court then starts proceedings under section 82 CrPC, which is very severe. it’s called the proceedings pertaining to declaration as proclaimed offender. if that happens, the accused will not get bail from any court and will be arrested anywhere he is spotted.
How long can you be kept on police bail without charge?
Understanding Police Bail The initial bail period is 28 days but can be extended up to 3 months by a Superintendent. If the Police wish to have bail extended further this will have to be done through the Magistrates’ Court.
What happens if police does not file chargesheet?
AFTER THE fir IS LODGED , the police has 90 days to file the chargesheet, if it fails to file the charge sheet , you are entitled to bail. so if the 90 days are past hen approach your lawyer and get yourself a bail.
When a person is declared absconding?
If a person commits the following crimes or offences and absconds, they may be declared as the proclaimed offender under Section 82 of CrPc. Someone who has committed a home trespass to commit a crime that is punishable by death. Anyone who causes serious injury or death in the event of a break-in or break-out.
What is proclamation for person absconding?
If Any Court has reason to believe (whether after taking evidence or not) that any person against whom a warrant has been issued by it has absconded or is concealing himself so that such warrant cannot be executed, such Court may publish a written proclamation requiring him to appear at a specific place and at a …
What happens when police bail ends?
The police have no further power to extend bail beyond that period. If the police wish to extend bail beyond the three-month limit then this would need to be authorised by a magistrates’ court.
What is the punishment for absconding?
If you abscond during a trial, you might have to serve time in jail until the trial concludes. If you are on parole, you could lose the ability for an early release on good behavior. You may end up with additional restrictions that limit your ability to function day to day.
Is there a time limit to file chargesheet?
60 days from the date of arrest of the accused in cases triable by lower courts and 90 days in cases triable by Sessions court and if chargesheet is not filed as per the above, then the accused gets an indefeasible right for bail.
Can police file chargesheet after 90 days?
The Single Bench of Bombay High Court consisting of Justice M. G. Sewlikar opined that when charge-sheet is not filed after expiry of 90 days, accused gets indefeasible right to be released on bail.
What is the time limit for filing a chargesheet?
Can the court order the attachment of property of absconding accused?
Code of Criminal Procedure Act | Bare Acts | Law Library | AdvocateKhoj. (b) is about to remove the whole or any part of his property from the local jurisdiction of the Court, it may order the attachment simultaneously with the issue of the proclamation.
Which Court can grant anticipatory bail?
According to Section 438 of CrPC, a person having committed an offence anticipates his arrest wherein he can approach the High Court or the Sessions Court for anticipatory bail. It is at the discretion of the Court whether to grant bail or reject the same.
What is a Section 82 proceedings?
(1) If any Court has reason to believe (whether after taking evidence or not) that any person against whom a warrant has been issued by it has absconded or is concealing himself so that such warrant cannot be executed, such Court may publish a written proclamation requiring him to appear at a specified place and at a …
Why do police bail you?
Police bail, officially known as ‘pre-charge bail’, is used when police have arrested a suspect but do not have enough evidence to charge them with a crime. If it is deemed necessary and proportionate, the police can release the suspect on ‘pre-charge bail’ whilst they continue their investigation.