Criminal Law GK - 2 Superdari, Release of Property, buying stolen property innocently, Pre arrest and Post Arrest Procedure

SNo Legal Term/Question Answer
1 How to file complaint while traveling in Train If you are a victim of robbery, dacoity, theft etc while you are traveling in train, prescribed format of FIR is available with TTE/ Guard Escort etc
2 How to file complaint with Police regarding loss of documents etc Loss of important documents like passport, ration card, identity card, driving license, ATM Card, credit card etc must be reported to the police immediately. You can either give a written complaint or can file complaint online. You can use the line below to know more about filing FIR online

How to Register FIR online and get copy of FIR online

3 What is Care Property The Property which is subject matter of case
4 How to get released the case property during enquiry or trial The owner has to file an application before the court. The court may pass order under Section 451 of CrPC
5 What is Superdari Superdari means handling over custody of something to someone till further orders
6 What are the benefits of superdari 1. The owner of the article would not suffer because of it remaining unused or by its misappropriation

2. Court or police would not be required to keep the article in safe custody

3. The panchanama prepared cane be used in evidence instead of physical production of property

4. The court can record evidence promptly so that there may not be further chance of tampering with the evidence

7 Where appeal against order under Section 452 and 453 of CrPC lie Appeal can be filed with the appellate court in which appeals ordinarily lie.
8 What is Bond of Superdari While passing order for custody of property, Court generally directs the owner of the property to furnish bond in the shape of undertaking to produce it before the court as and when so directed. Such undertaking should be furnished on Rs. 100 non judicial stamp paper
9 What is forfeiture When one violates Superdari bonds the person become liable to pay the amount of bond.
10 Can the court order for sale of property When the property is perishable or likely to get decayed, Court may even order for sale of such property or for its disposal in any other way as the court may think proper.

 

 

SNo Legal Term/Question Answer
11 How case property is disposed of on conclusion of trial At the conclusion of inquiry or trial the court may order for destruction, confiscation to state or delivery thereof to any person claiming to be entitled to its possession.
12 How to seek release of property seized by the Police but not produced before Criminal Court As per Section 457 CrPC Magistrate may order for delivery of such property to other person entitled to its possession.
13 Stolen property purchased innocently, What to do? At the end of the trial the property may go to the original owner. But the court may, on application of the buyer, order for payment of money paid in purchasing the property.
14 Restoration of Property If the immovable property is disposed of the person so disposed is entitled to restoration of its possession at the end of conclusion of trial and conviction of accused by Criminal Court
15 What is the solution when a person is wrongly fully confined File application under Section 97 or 98 of CrPC with District Magistrate or Sub Divisional Magistrate or Magistrate
16 How Arrest is made As per Section 46 CrPC:

(1) In making an arrest the police officer or other person making the same shall actually touch or confine the body of the person to be arrested, unless there be a submission to the custody by word or action.
(2) If such person forcibly resists the endeavour to arrest him, or attempts to evade the arrest, such police officer or other person may use all means necessary to effect the arrest.
(3) Nothing in this section gives a right to cause the death of a person who is not accused of an offence punishable with death or with imprisonment for life.

17 Can a Private Person Arrest someone Yes as per Section 43 of CrPC a private person can arrest as described below:

(1) Any private person may arrest or cause to be arrested any person who in his presence commits a non- bailable and cognizable offence, or any proclaimed offender, and, without unnecessary delay, shall make over or cause to be made over any person so arrested to a police officer, or, in the absence of a police officer, take such person or cause him to be taken in custody to the nearest police station.
(2) If there is reason to believe that such person comes under the provisions of section 41, a police officer shall re- arrest him.
(3) If there is reason to believe that he has committed a non- cognizable offence, and he refuses on the demand of a police officer to give his name and residence, or gives a name or residence which such officer has reason to believe to be false, he shall be dealt with under the provisions of section 42; but if there is no sufficient reason to believe that he has committed any offence, he shall be at once released.

18 Whether Police office officer is empowered to break open premises. Yes, If the Police officer comes for search and you are not allowing for search he can break open the premises. You have the right to ask for the search warrant.
19 What are the provisions applicable when a Police Officer is conducing search The Police has to comply with provisions of Section 93, 94, 97, 100, 165 and 166 of CrPC.
20 Do Police officer have power to seize property Any Police officer is empowered to seize any stolen property. Police may seize any property when it creates suspicion of commission of any offence.

 

SNo Legal Term/Question Answer
21 When Police can arrest without warrant Generally police can arrest when commission of a cognizable offence. In case of non cognizable offence the Police cannot arrest without warrant. But when refuses to give name and residence or opt to give false name and residence to Police officer, Police can arrest the person.
22 What is the law governing arrest As per Article 21 No person shall be deprived of his life or personal liberty except according to procedure established by law.

The Arrest should be made according to Section 41, 42, 43 and 44 of CrPC.

Search if any should be made according to Section 47 of CrPC

23 What is Post Arrest Procedure As per section 51 CrPC the Police Officer making arrest may search such person and place in safe custody all articles other than necessary wearing apparel found upon him. Where any article is seized from the arrested person, a receipt in respect thereof is required to be given to such person.
24 What is the the condition to arrest women In case of arrest of a female, search is required to be made by another female person with strict regard to decency.
25 What is the provision for seizure of weapon Section 52 of CrPC has provision regarding seizure of weapon
26 What is the medical examination procedure Section 53 of CrPC provides that medical examination requires to be conducted when so requested by the Police officer. For medical examination of female, it should be conducted by or under the supervision of female Registered Medical Practitioner.
27 Can arrested person request for medical Examination As per Section 54 of CrPC the Magistrate should inform the arrested accused person of his right to be medically examined as per this provision.
28 Can arrested person be discharged As per Section 59 of CrPC no person who has been arrested by a police officer shall be discharged except on his own bond, or on bail, or under the special order of the Magistrate
29 What is the duty of police officer when arresting without Warrant As per Section 50(1) CrPC every Police Officer or other person arresting any person without warrant shall forth with communicate to him full particulars of the offence for which he has been arrested or other grounds for such arrest.

As per Section 50(2) if Police arrests a person without warrant a person other than accused of a non bailable offence, he shall inform the person arrested that he is entitled to be released on bail and that he may arrange for surety on his behalf.

30 What is the rule regarding production of arrested person before Magistrate As per Section 56 of Cr PC the arrested person should be produced before the Magistrate without unnecessary delay.