CrPC Section 388
🔹 Section 388 CrPC – Procedure Where Person Accused of Offence is Non-Resident
🔸 Text of Section 388 CrPC:
When a person accused of an offence is not ordinarily resident within the jurisdiction of the court before which he is to be tried or is about to be tried, the Magistrate may cause him to be arrested or may issue a summons for his appearance.
🔹 Explanation:
1. Purpose of Section 388:
To deal with situations where the accused is not ordinarily residing in the area where the trial is to be conducted.
It provides a way for the court to ensure the presence of the accused for trial, even if they live outside the jurisdiction.
2. Who Does This Apply To?
A person accused of committing a crime who does not usually live in the territorial jurisdiction of the court.
Example: If a person living in City A is accused of an offence in City B, and the court in City B needs to make sure they appear for trial.
3. Powers of the Magistrate:
The Magistrate can:
Issue a summons to the accused asking them to appear in court.
If necessary, order the arrest of the accused to ensure they are brought before the court.
4. Significance:
Prevents accused persons from evading trial by staying outside the jurisdiction.
Ensures effective administration of justice by enabling courts to secure the accused’s presence.
It is an enabling provision to handle jurisdictional challenges.
5. Relation with Other Sections:
Works along with Sections related to arrest, summons, and trial procedures.
Complements provisions that deal with bail, custody, and jurisdiction.
🔹 Summary:
Section 388 CrPC empowers a Magistrate to summon or arrest an accused who is not ordinarily residing in the court’s jurisdiction to ensure their presence for trial.
This helps prevent evasion of legal proceedings by accused persons living outside the jurisdiction.
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