CrPC Section 413
CrPC Section 413 – Power to Order Detention of Offender Pending Investigation or Trial
🔹 What does Section 413 say?
Section 413 empowers a magistrate to order the detention of a person who has been arrested and is suspected of having committed an offence, pending investigation or trial, to prevent the person from causing further harm or fleeing.
🔹 Detailed Explanation
When a person is arrested on suspicion of having committed an offence, the magistrate may order that the person be detained in custody.
This detention can last during the investigation or trial of the offence.
The objective is to ensure the presence of the accused during investigation/trial and to prevent tampering with evidence or further offences.
The order can be passed even if the offence is bailable or non-bailable, based on the circumstances.
🔹 Purpose of Section 413
To prevent the accused from escaping justice during the process.
To ensure the integrity of the investigation and trial.
To protect public safety and order if the person is likely to cause harm.
🔹 Relation with Other Sections
Works along with Sections 167 and 437 CrPC dealing with custody during investigation and bail.
Is part of the broader framework regarding custody, bail, and preventive detention during criminal proceedings.
🔹 Important Points
The section gives the magistrate discretionary power to order detention based on the facts of the case.
The detention must be justified and reasonable.
It is a temporary measure pending investigation or trial.
The person detained under this section must be produced before the magistrate periodically as per the law.
🔹 Example
If a person is arrested on suspicion of involvement in a theft case, the magistrate can order the person to be detained in custody during the investigation, especially if there is a risk the person might flee or interfere with witnesses.
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