CrPC Section 141
Section 141 of the Criminal Procedure Code (CrPC), 1973
Inquiry by Magistrate as to the Name and Residence of Accused
Bare Text of Section 141:
"When an accused is brought or appears before a Magistrate, the Magistrate shall, if the name and residence of the accused are not known to him, and if the accused refuses to give them, proceed to inquire, as far as practicable, who the accused is and where he resides."
Detailed Explanation:
1. Purpose and Context:
Section 141 requires the Magistrate to ascertain the identity and residence of an accused when they appear before the court, especially when this information is not already known.
If the accused refuses to disclose their name or address, the Magistrate is empowered to make efforts to discover these details through inquiry.
2. Applicability:
When the accused is brought before the Magistrate, either through arrest or summons.
Particularly important in cases where the accused does not cooperate or attempts to hide their identity.
3. Procedure:
The Magistrate must conduct a reasonable inquiry to establish the accused’s identity and residence.
This may involve questioning the accused, witnesses, or verifying documents.
The inquiry should be carried out “as far as practicable”, meaning the Magistrate must make a genuine effort but is not bound to exhaustive investigations.
4. Importance of Knowing Identity and Residence:
Crucial for the proper conduct of the trial and for ensuring that the accused can be served with future summons or notices.
Helps prevent false identities and absconding.
Assists in maintaining the record and tracking of the accused.
5. Practical Example:
An accused person arrested for theft is brought before a Magistrate but refuses to reveal their name or where they live.
The Magistrate will then try to identify the accused by asking questions, verifying documents, or checking with police records.
Summary Table:
| Aspect | Details |
|---|---|
| When Applicable | Accused brought or appears before Magistrate |
| Requirement | Magistrate must ascertain name and residence if unknown |
| Action on Refusal | Magistrate to inquire as far as practicable |
| Purpose | Establish identity for legal proceedings |
| Importance | Prevents evasion, ensures proper communication and trial |
RELATED Blog
0 comments