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Manish (Software Professional)     31 March 2010

CRPC 97 - Need Information

Hi,

I need some information on CRPC 97.

1. What exactly does this code mean?

1. Against whom is this CRPC issued? The person against whom this is issued, does it create a criminal record against him?

2. What are the implications of this code?

Only genuine replies please.

Thanks!



Learning

 4 Replies

Uday (Lawyer)     31 March 2010

Dear Mr.Manish,

1)Section 97 Cr.P.C is issued an order passed by the Magistrate to search a person who is in wrongful confinement.

2)Cr.P.C. means Criminal Procedure Code which.

3) This is issued against a person who is in wrongul confinement.

4) It does not create any criminal record.

For your kind information I've reproduced the contents of section 97 Cr.P.C.

"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".

 
1 Like

Manish (Software Professional)     01 April 2010

Dear Mr.Uday,

Thanks for your reply.

Please could you answer one more query.

1. Who is the accused party in this case? Is it the person who has wrongfully confined?

And is a criminal record created for the person who has wrongfully confined?

 

Manish (Software Professional)     01 April 2010

Dear Mr.Uday,

Thanks for your reply.

Please could you answer one more query.

1. Who is the accused party in this case? Is it the person who has wrongfully confined?

And is a criminal record created for the person who has wrongfully confined?

Manish (Software Professional)     01 April 2010

Just to reframe my query,

Is a criminal record created against anyone in this case, whether the accused or the person who has wrongfully confined??


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