Apni Law Staff asked 1 year ago
A court in India has wrongly ordered the filing of a complaint (FIR) in a case that’s both serious (cognizable) and allows for bail (bailable). This court also doesn’t have the authority to handle the case.
1. Can the police legally call the accused to their station from another state where the police don’t have jurisdiction?
2. If the accused is in another state and receives the summons by post but doesn’t appear, what actions can the police take?
3. If the accused appears before the police, can they be detained and forced to undergo a medical examination as per Section 53 of the Criminal Procedure Code (CrPC) before granting bail under Section 436 of CrPC, or are they legally required to be released on bail immediately?
Best Answer
Apni Law Staff answered 1 year ago
1. No, the police cannot legally call the accused to their station from another state as they lack jurisdiction.
2. If the accused doesn’t appear despite receiving summons, the police can seek a warrant for their arrest from the appropriate court.
3. The accused can be detained and subjected to a medical examination under Section 53 CrPC only after arrest. However, in a bailable offense, the accused is legally required to be released on bail immediately upon appearing before the police, even before the medical examination.
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