Cheat Sheet: Bail, Arrest, and Remand (CrPC)

1. Arrest Under CrPC

1.1 Definition and Scope

1.2 Arrest Without Warrant

1.2.1 Section 41 - When Police May Arrest

• Cognizable offence committed or reasonable complaint/credible information/reasonable suspicion
• Possession of stolen property
• Obstructs police officer in discharge of duty or escaped from lawful custody
• Proclaimed offender under Section 82(3)
• In possession of anything reasonably suspected to be used for committing offence
• Released convict committing breach of rules under Section 356(5)
• Reasonable suspicion of being a deserter from Armed Forces
• Outside India committed offence that would be cognizable if committed in India

1.2.2 Section 41A - Notice of Appearance

• Applies when punishment is less than 7 years or bail-able offence
• Police officer may issue notice instead of arrest if person not likely to abscond/tamper evidence
• Person must attend police station as directed
• Non-compliance leads to arrest authorization

1.2.3 Section 41B - Procedure After Arrest

• Entry in case diary of reasons for arrest
• Recording of reasons must be disclosed to arrested person if demanded
• Magistrate to record satisfaction that arrest was justified during first remand

1.3 Arrest With Warrant

1.3.1 Section 70 - Form of Warrant

• Must be in writing, signed by presiding officer, sealed with court seal
• Remains in force until executed or cancelled
• Valid throughout India

1.3.2 Section 71 - Notification of Substance

• Officer executing warrant must notify substance to arrested person
• Show warrant if demanded

1.4 Rights of Arrested Person

1.4.1 Section 50 - Person Arrested to be Informed

• Must be informed of full particulars of offence
• Right to bail if bailable offence
• Must be informed of grounds of arrest under Article 22(1) Constitution

1.4.2 Section 50A - Obligation to Inform About Arrest

• Police officer/person in-charge to inform friend/relative/other person nominated by arrested person
• Entry of this information in case diary

1.4.3 Section 56 - Person Arrested to be Taken Before Magistrate

• Without warrant: must be taken before Magistrate within 24 hours excluding journey time
• Cannot be detained beyond 24 hours without Magistrate's authority

1.4.4 Section 76 - Search of Place Entered by Person Sought to be Arrested

• Officer may break open any place if admission refused after notification
• Search for person or thing to be seized

1.5 Medical Examination

1.5.1 Section 53 - Examination of Accused by Medical Practitioner

• Police officer may request medical examination if arrested for offence punishable with 7+ years
• Registered medical practitioner to conduct examination
• Examination by female medical officer for female accused

1.5.2 Section 54 - Examination of Person Accused of Rape

• Medical examination of arrested person accused of rape shall be conducted
• By registered medical practitioner employed in hospital
• Consent of accused not required

1.6 Arrest by Private Person

1.6.1 Section 43

• Any person may arrest without warrant: person committing non-bailable and cognizable offence in his presence, or proclaimed offender
• Must hand over arrested person to police officer or nearest police station

2. Bail Under CrPC

2.1 Types of Offences for Bail Purpose

2.2 Bail in Bailable Offences

2.2.1 Section 436 - Bail in Bailable Offences

• Person accused of bailable offence shall be released on bail with or without surety
• Police officer or court bound to grant bail
• If unable to furnish bail, detained in custody
• Bail bond with or without surety as directed

2.3 Bail in Non-Bailable Offences

2.3.1 Section 437 - When Bail May be Taken in Non-Bailable Offences

• Magistrate may grant bail if offence not punishable with death or life imprisonment; or reasonable grounds to believe accused not guilty; or accused not likely to commit offence on bail
• Special considerations: under 16 years, woman, sick or infirm person
• Limitation: accused arrested/detained on accusation of offence punishable with death, life imprisonment or 10+ years shall not be released on bail if reasonable grounds that accusation is prima facie true
• No bail if previous conviction for offence punishable with death, life imprisonment or 7+ years, unless special reasons recorded

2.3.2 Section 437(6) - Default Bail

• If investigation not completed within 60 days (for offences punishable with less than 10 years) or 90 days (for offences punishable with 10+ years), accused entitled to bail
• Indefeasible right if investigation not completed within statutory period
• Prosecution may oppose but accused released unless sufficient reasons recorded

2.3.3 Section 438 - Anticipatory Bail

• High Court or Sessions Court may grant anticipatory bail if person has reason to believe he may be arrested for non-bailable offence
• Direction that person be released on bail if arrested
• Court may impose conditions: appear before investigating officer, not tamper with evidence, not leave India without permission
• Not available for offences under Section 376, 376AB, 376DA, 376DB IPC or foreign nationals
• Limitation under Section 43D(5) UAPA - not applicable for certain offences

2.4 Bail by Sessions Court and High Court

2.4.1 Section 439 - Special Powers of High Court or Court of Session

• High Court or Sessions Court may grant bail or reduce bail amount in any case
• Power to direct arrest of person on bail
• Can impose conditions on bail

2.4.2 Section 439(2) - Cancellation of Bail

• High Court or Sessions Court may cancel bail granted by subordinate court or itself
• Opportunity of hearing to be given before cancellation

2.5 Bail Bond Conditions

2.5.1 Section 440 - Amount of Bond

• Amount must not be excessive
• Proportionate to circumstances of case

2.5.2 Section 441 - Bond of Accused and Sureties

• Before release, accused shall execute bond with or without sureties for appearance
• Must appear when required and comply with bail conditions

2.6 Breach of Bail Conditions

2.6.1 Section 446 - Procedure on Forfeiture of Bond

• Court to issue show cause notice why bond not be forfeited
• If no sufficient cause shown, court to forfeit bond
• Recovery as fine under Section 421

2.7 Special Bail Provisions

2.7.1 Section 436A - Maximum Period of Detention

• Person undergone detention for period extending up to half of maximum imprisonment shall be released on personal bond with or without surety
• Applies where offence punishable with imprisonment only (not death)

2.7.2 Section 167(2) - Bail During Investigation

• Magistrate may authorize detention up to 15 days at a time
• Total detention not exceeding 60 days (if offence punishable up to 10 years) or 90 days (if offence punishable with 10+ years or death)
• If investigation not completed within this period, accused entitled to bail as indefeasible right

2.8 Surrender of Personal Bond

2.8.1 Section 445

• Surety may at any time apply to Magistrate to discharge the bond
• Magistrate to issue warrant for arrest of person and commit to custody unless fresh surety provided

3. Remand Under CrPC

3.1 Police Custody Remand

3.1.1 Section 167(2) - Police Custody

• Magistrate may authorize detention in police custody
• Maximum 15 days at a time
• Cannot authorize police custody beyond 15 days in aggregate
• Reasons to be recorded in writing for authorizing police custody

3.1.2 Grounds for Police Custody

• Custodial interrogation necessary for investigation
• Recovery of articles/weapons necessary
• Confrontation with co-accused required
• Identification parade to be conducted

3.2 Judicial Custody Remand

3.2.1 Section 167 - Judicial Custody

• Magistrate may authorize detention in judicial custody up to total 60/90 days
• Accused kept in jail, not police custody
• Police cannot interrogate without permission of Magistrate
• Remand can be extended by 15 days at a time

3.3 Time Limits for Remand

3.4 Transit Remand

3.4.1 Section 81

• Warrant for arrest issued by court in one jurisdiction can be executed in another
• Arrested person to be taken before nearest Magistrate
• Transit remand granted to take accused to jurisdiction of court issuing warrant

3.5 Production Before Magistrate

3.5.1 Section 57 - 24 Hour Rule

• Arrested person must be produced before Magistrate within 24 hours excluding journey time
• Cannot detain beyond 24 hours without Magistrate's authority
• Constitutional mandate under Article 22(2)

3.5.2 Section 167(1) - Procedure

• Police officer to forward copy of entries in diary to Magistrate
• Magistrate to authorize detention as deemed fit
• Accused not to be detained beyond period specified

3.6 Rights During Remand

• Right to be heard before remand order
• Right to oppose police custody remand application
• Right to legal assistance under Section 303
• Right to be informed of grounds of arrest and right to bail
• Right to medical examination

3.7 Remand Report Requirements

• Police must file investigation progress report before each remand extension
• Magistrate to record satisfaction that investigation is progressing properly
• Reasons for further detention to be recorded
• Case diary extracts to be produced

4. Constitutional and Judicial Safeguards

4.1 Constitutional Provisions

4.1.1 Article 21 - Right to Life and Personal Liberty

• No person shall be deprived of life or personal liberty except according to procedure established by law
• Procedure must be fair, just and reasonable

4.1.2 Article 22 - Protection Against Arrest and Detention

• Article 22(1): Right to be informed of grounds of arrest
• Article 22(1): Right to consult and be defended by legal practitioner of choice
• Article 22(2): Arrested person must be produced before nearest Magistrate within 24 hours
• Article 22(2): Cannot be detained beyond 24 hours without Magistrate's authority

4.2 DK Basu Guidelines

• Memo of arrest to be prepared bearing name and particulars of friend/relative/nominee of arrested person
• Person arrested and person informed must sign memo
• Person arrested must be informed of right to have someone informed of arrest
• Entry of arrest in diary at place of detention stating name of informant
• Arrested person must be subjected to medical examination by qualified doctor every 48 hours
• Copies of memo and medical examination papers to be sent to Magistrate for record
• Person arrested allowed to meet lawyer during interrogation (not throughout)
• Arrestee or lawyer can request copies of documents at time of first production before Magistrate
• Person arrested must be informed of these rights

4.3 Arnesh Kumar Guidelines (Section 41 CrPC)

• Arrest not mandatory even if case is cognizable and non-bailable
• Police must satisfy conditions in Section 41(1)(b) before arrest
• Notice under Section 41A should be issued if appropriate
• Magistrate must ensure compliance with Section 41 and 41A before remand
• Reasons for arrest must be recorded and disclosed to arrested person if demanded

4.4 Important Supreme Court Rulings

4.5 Triple Test for Bail

• Nature and gravity of offence
• Character of evidence (prima facie satisfaction)
• Circumstances peculiar to accused: health, age, gender, likelihood of absconding, tampering with evidence, repeating offence

4.6 Principles for Grant/Refusal of Bail

4.6.1 Factors Favouring Bail

• Long delay in trial or completion of investigation
• Accused has roots in community and unlikely to abscond
• No prior criminal record
• Accused is minor, woman, sick or infirm
• Accused has already undergone substantial detention
• Weak prima facie case against accused

4.6.2 Factors Against Bail

• Gravity and seriousness of offence
• Risk of tampering with evidence or influencing witnesses
• Likelihood of absconding
• Possibility of repeating offence
• Strong prima facie case
• Prior criminal record

5. Procedure for Securing Attendance

5.1 Processes Under CrPC

5.2 Issue of Summons vs. Warrant

5.2.1 Section 204 - Summons Case

• Court may issue summons for appearance of accused
• If court has reason to believe warrant necessary, may issue warrant

5.2.2 Section 87 - Non-Appearance on Summons

• If person fails to appear on summons without reasonable excuse, court may issue warrant
• Or may impose fine up to Rs. 1000

5.3 Bailable and Non-Bailable Warrants

5.3.1 Bailable Warrant

• Person arrested may be released on bail by executing bond
• Police officer arresting can release on bail

5.3.2 Non-Bailable Warrant

• Person arrested must be produced before court
• Police officer cannot release on bail
• Only court can grant bail

6. Custody and Production of Accused

6.1 Types of Custody

6.2 Production Before Court

6.2.1 Section 76 CrPC

• Person arrested on warrant to be brought before court without delay
• Unless released on bail

6.2.2 Section 167(2) CrPC

• Accused to be produced before Magistrate at end of each remand period
• Court may extend remand or release on bail

6.3 Transfer of Custody

• Police custody can be converted to judicial custody on application
• Judicial custody can be converted to police custody if investigation requires, subject to 15-day limit
• Magistrate must record reasons for transfer of custody

6.4 Rights in Custody

• Right to medical examination and treatment
• Right to legal consultation
• Right to inform family members
• Right to be produced before Magistrate within statutory period
• Right against torture and custodial violence
• Right to be kept in proper accommodation with adequate food

7. Special Categories of Accused

7.1 Women Accused

• Section 46(4): Woman cannot be arrested after sunset and before sunrise except in exceptional circumstances and with permission of Judicial Magistrate First Class
• Section 51(2): Search of arrested woman only by another woman with strict regard to decency
• Bail provision under Section 437(1)(iii): liberal consideration for bail
• Medical examination by female medical officer only

7.2 Juveniles/Minors

• Section 437(1)(iii): person under 16 years to be released on bail unless special reasons recorded
• Juvenile Justice (Care and Protection of Children) Act 2015 applies to persons below 18 years
• Juvenile cannot be kept in jail; must be sent to observation home
• Bail to be granted unless special reasons exist

7.3 Sick or Infirm Persons

• Section 437(1)(iii): sick or infirm person to be released on bail unless reasonable grounds to believe accusation is true
• Medical report necessary for determining sickness/infirmity
• Bail conditions may include medical treatment

7.4 Foreign Nationals

• Anticipatory bail generally not granted under Section 438(2)
• Passport to be impounded
• Bail conditions include surrender of passport, not leaving country without permission
• Regular reporting to police station or court

8. Miscellaneous Provisions

8.1 Detention for Interrogation

8.1.1 Section 160 CrPC

• Police officer may require attendance of person acquainted with facts and circumstances for inquiry
• Person bound to attend
• Male person under 15 years or woman cannot be required to attend at place other than residence
• Not arrest; no detention beyond interrogation

8.2 Release on Personal Bond

8.2.1 Section 436(1) Proviso

• If accused unable to furnish bail, may be released on personal bond with or without surety
• Person of insufficient means need not be detained merely for inability to furnish sureties

8.3 Anticipatory Bail Conditions

• Make himself available for interrogation when required
• Not directly or indirectly induce any person acquainted with facts to dissuade from disclosing facts
• Not leave India without prior permission of court
• Other conditions as court deems fit

8.4 Cancellation of Bail - Grounds

• Tampering with evidence or influencing witnesses
• Threatening prosecution witnesses or complainant
• Attempting to abscond or not appearing before court
• Committing another offence while on bail
• Breach of bail conditions
• Abuse of bail discretion

8.5 Section 88 - Proclamation for Persons Absconding

• If court has reason to believe person absconded or concealing to avoid service of summons, may publish written proclamation requiring appearance
• Proclamation to be published in conspicuous place of town/village where person ordinarily resides
• Attachment of property under Section 83 if person fails to appear within 30 days

8.6 Section 82 - Proclamation for Person Absconding

• If person has absconded or conceals to avoid execution of warrant, court may issue proclamation requiring appearance
• 30 days time for appearance from date of publication
• Declared proclaimed offender if fails to appear

8.7 Section 174A - Inquiry into Custodial Death

• Judicial Magistrate or Metropolitan Magistrate to hold inquiry into death in police or judicial custody
• Mandatory inquiry within reasonable time
• Report to be sent to Sessions Judge and State Human Rights Commission