CrPC Section 62
Section 62 of the Criminal Procedure Code (CrPC), 1973 – Power of Police Officer to Release Certain Offenders on Bond
Overview:
Section 62 of the CrPC empowers a police officer to release a person accused of committing a non-cognizable offence on their furnishing a bond to appear before a Magistrate when required. This provision helps reduce unnecessary arrests and ensures minor cases are dealt with efficiently.
Text of Section 62 (Simplified):
If a person is accused of a non-cognizable offence, and the police officer has reason to believe the accusation is true, the officer may release the person on a bond without arresting them.
The person must give a bond with or without sureties to appear before a Magistrate when called.
The police officer may also impose conditions necessary for the case while releasing the accused on bond.
Detailed Explanation:
Purpose of Section 62:
To avoid unnecessary arrests for minor offences (non-cognizable offences).
To encourage the accused to cooperate with the legal process by promising to appear before the court when summoned.
Scope of Power:
Applies only to non-cognizable offences, which are generally less serious crimes.
The police officer must have reasonable grounds to believe the accusation against the person is true.
The accused is released on furnishing a bond — a formal promise to appear before the court.
Conditions of Bond:
The bond may be with or without sureties.
Police can impose conditions as deemed necessary to ensure compliance with the legal process.
Benefits of Section 62:
Reduces burden on police and judicial system by minimizing arrests.
Protects individual liberty by avoiding unnecessary detention.
Ensures accused persons are not penalized excessively for minor offences.
Procedure:
Police must inform the accused of the requirement to appear before the Magistrate.
If the accused fails to appear, the bond may be forfeited, and legal action can be initiated.
Practical Implications:
This section is frequently used in cases such as public nuisance, minor assault, petty theft, or other offences punishable with fines or short-term imprisonment.
It promotes cooperation between the accused and the legal system.
Helps speed up justice by reducing jail overcrowding and unnecessary legal delays.
Summary:
Section 62 of the CrPC empowers police officers to release an accused of a non-cognizable offence on bond to appear before a Magistrate, promoting efficient administration of justice and safeguarding personal liberty by avoiding unnecessary arrests.
RELATED Blog
0 comments