CrPC Section 335: Detention of Acquitted Persons in Safe Custody

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CrPC Section 335: Detention of Acquitted Persons in Safe Custody

This section deals with the detention of acquitted persons in safe custody when they are unable to furnish bail due to various reasons.

1. Code:

Section 335 of the Code of Criminal Procedure, 1973

2. Explanation:

Section 335 states that when a person is acquitted of an offense but cannot be immediately released due to:

  • Being subject to another criminal proceeding.
  • Having to be handed over to another state or country.
  • A warrant for their arrest from another court.
  • An order for their detention under any other law.

The court can order their detention in safe custody until one of the following happens:

  • The other criminal proceeding is concluded.
  • They are handed over to the other state or country.
  • The warrant from the other court is executed.
  • The order for detention under the other law is revoked.

3. Illustration:

Suppose, a person ‘A’ is acquitted of murder but is still under investigation for a separate case of robbery. The court can order ‘A’ to be detained in safe custody until the investigation into the robbery case is completed.

4. Common Questions and Answers:

Q: Can an acquitted person be detained in safe custody indefinitely?

A: No, detention under Section 335 is only temporary and must be lifted when the reason for detention ceases to exist.

Q: Does the acquitted person have the right to apply for bail during detention under Section 335?

A: Yes, the acquitted person can apply for bail before the court that ordered their detention.

Also Read  Section 226 CrPC: Opening Case for Prosecution in India's Code of Criminal Procedure
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