CrPC Section 412: Reasons for Recording – Code of Criminal Procedure

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CrPC Section 412: Reasons for Recording

This section deals with the recording of reasons for arrest and detention by a police officer. It is essential to ensure procedural fairness and prevent arbitrary arrests.

1. Code

Section 412: Recording reasons for arrest or detention.
Whenever any person is arrested or detained without warrant by a police officer, such officer shall, without unnecessary delay, and in any case within twenty-four hours from the time of such arrest or detention, record in writing the reasons for such arrest or detention in the language understood by the person arrested or detained and shall make a copy thereof available to such person.

2. Explanation

  • Applicability: This section applies to both arrests made with a warrant and those made without a warrant.
  • Recording of Reasons: The police officer is mandated to record the reasons for arrest or detention in writing.
  • Time Limit: The recording should be done within 24 hours of the arrest or detention.
  • Language: The reasons must be recorded in a language understood by the arrested person.
  • Copy to Arrested Person: A copy of the recorded reasons must be provided to the arrested person.
  • Purpose: The purpose of recording reasons is to ensure that the arrest is based on lawful grounds and to prevent arbitrary detention.

3. Illustration

Suppose a police officer arrests a person for theft. The officer should record in writing the reasons for arrest, which could include:

  • The specific items allegedly stolen
  • The time and place of the theft
  • Any evidence found on the person or at the scene of the crime
  • Statements of witnesses
Also Read  Section 37 CrPC: Public Assistance to Magistrates and Police in India

4. Common Questions and Answers

Q: What if the police officer does not record the reasons for arrest?
A: The arrest may be deemed illegal, and the person can challenge it in court.

Q: Can the police officer use a language that the arrested person doesn’t understand?
A: No, the reasons must be recorded in a language understood by the arrested person.

Q: What happens if the arrested person is not provided with a copy of the recorded reasons?
A: It is a violation of their rights, and they can seek redress in court.

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