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CONSTITUTIONAL RIGHTS

1. EX POST FACTO LAWS ART. 20[1] first part- ‘law in force’ , second part
‘penalty greater than at that time’
a. Satwat singh vs state of Punjab. 420 no minimum fine--- minmum fine----
sc held that the minimum fine imposed cannot be said to be greater than the
fine which could have been imposed at athat time
b. Ratanlal vs state of Punjab. 16 years==molested=== sc held that for good
interpretation, the law which is in the benefit of the accused is not covered
under 20 1

2. Double jeopardy. ;;;--- no man should be prosecuted and punished twice for the
same offence
a. ----------------- vs uoi --- enquiry under public enquiry act,, dismissed, later
ipc and corruption act/. Held only enquiry, does not mean prosecution.
b. -------------------------- in case there is no punishment after prosecution, the
appeal will be in continuance of the prosection only

3. Self incrimination no person accused of an offence shall be compelled to be witness


against himself sec 161[2] of crpc
a. -----------bombay-----kathi kalu oghad mechanical process --- personal
knowledge
b. -------nandini satpathy vs pl dani ----------------- cm vs – object -- ,, extends
to the police investigation as well
c. Selvi vs so Karnataka voluntary adnibistered test

4. 22[1] right to consult a lawyer of his choice and right to know the grounds of such
arrest section 303

5. 39A right to freee legal aid--- duty of state--- financial inability or otherwise----
expense of state--- by suitable legislation section 304… court shall assign

a. -----------------------. Khatri v sob state consti mandate---- obligation arises


not art trial but when he is first represented before magistrate.
b. Sd vs ut of ap. Failure TO inform would vitate the trial. Right to consult
begins from the moment of his arrest.

6. Right to be produced within 24 hours.


a. Section 56- without warrant as soon as possible
b. Section 57 with or without warrant\
c. Article 22
d. Object 3
e. Poovan vs sip
7. Right against uncessary restraint sec 49
8. Right to be examined by medical practitioner ===== record=====copy=== violence
9. Right to health and safety 55 1
10. Right to know ground of arrest and bail 50
11. Righst to speedy trial.. state of buihar vs hussainara khatoon

SUMMONS
Legal socument—requie a person==== ensure presence
1. Form of summons 4 essentials
2. Service of summons 1. Personally sign duplicates by court officer poilice officer
public srvant
3. Corporate body 0----- letter to ceo--- by post
4. When not found adult maLE member and sign -==== due diligence
5. When not under 62 63 64 then conspicuous enquiry and declaration
6. Government official hod 62 his signature return to court
7. Outside juris
8. Proof of service and officer cannot come affivat admissible
9. Witness

WARRANT
1. Authorisation empowering arrest or presence directing
2. More serious offences accused is likely to disobery summons
3. Sections
a. 70 form of warrant 3 remain in form
b. 71power to direct security to be taken bond bailable as written in
the warrant itself within time
c. 72 warrant directed to police officer not available to any person
d. 73 warrant may be directed to any person non bailable—
proclaimed escaped convict evading arrest local juris
e. 74To police offer may be executed endorsed
f. 75 Substance to arrestee
g. Daudh vs state through cbi
h. 76 production of accused
i. 77 scope and extenet any place 6 india
j. 78 outside jurisdiction. Trasnfereed EM OR CP
k. 79 warrant to a apolice officer outside jurisdiction endorsement
to EM or SP OR CP sufficient authority local police assist
l. 80 procdure on arrest outside diatrict within 30 lm or neareere
rhan EM DSP OR CP OF CLOCAL jurisdiction of arrest
m. DSP OR SP OR EM direct to custody or bail if bailable and then
transfer.

Introduction
1. Mohsmmeden ra1772 after 1857 crpc 1861 major amendemdnts kvk
sundaram commission amendment in 1974 draft bill fair trial===
speedy troa; == [ppooors
2. Scope
a. Sec 4 --- ipc or any other offence under any other law
b. Special law section 5
c. State vs cbi fera
3. Object enforcement machinery
4. Importance
a. UDHR 10 FAIR TRIAL IMPARTIAL TRIBUNA; 11 1
INNOCENT 112 EXPOST FACTO
b. Natural justice
c. None condemned unheard MANEKA GANDHI
d. Not judge in own case MURLIDHAR VS KADAM
e. TALAB HAJI HUSSAIN VS MADHUKAR PURUSHOTTAM
DUAL SIDE
f.