Pankaj Ray 25 March 2020

Procedure of arrest in the current situation - COVID19

According to law if one gets arrested, he has to be taken to a magistrate within 24hrs.
But in current situation courts are closed due to Covid19(coronavirus).
So whether will they take us to a magistrate or keep in police custody. OR What will b d procedure?

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9 Replies

Shayon 25 March 2020

Duty magistrates have been designated by every court. The accused will be produced before the Duty magistrate as per procedure of law within 24 hours.

Vishal k 25 March 2020

procedure is followed as 154 to 167(1) Crpc but since manpower is less police are working as per their convience.
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Advocate Suneel Moudgil (Advocate) 25 March 2020

agree with Mr Shayon

Utsav Mukherjee (LL.B.) 25 March 2020

But who shall move either for the Govt or against the Accused in a Bail hearing or who shall stand in for surety ???
As per directives of Various Bar Association/s &/or Bar Councils Ld. Advocates are to abstain from Judicial proceedings in the Courts of Law.

Advocate Suneel Moudgil (Advocate) 25 March 2020

if any counsel wants to appear, he/she can

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N.K.Assumi (Advocate) 26 March 2020

Courts may be closed, but executive magistrates will be available, as such, competent executive magistrate can remand the accused in police/judicial custody for a period of 7 days. Refer to Sub Section (2-A) of section 167 CrPc.

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