CRIMINAL PROCCESS

UNDER CPC
Criminal process following arrest

Bail pending investigation

Arrest
Criminal process following arrest

Detention/Remand
Arrest
pending investigation
Criminal process following arrest

When investigation cannot be completed within 24 hours,

arrested person must be produced before a Magistrate
 Criminal process following arrest

Magistrate may authorise detention of arrested

person for up to 7 days for purpose of investigation
 Criminal process following arrest

1st Remand 2nd Remand

Magistrate may extend the detention of arrested

person for another 7 days for purpose of investigation
Criminal process following arrest –
bailable offence

Accused appears or is brought Accused entitled to be released

before a court on bail as of right
 Criminal process following arrest –
non-bailable offence

Bail at discretion of court

At the end of remand period, a charge may be preferred

against the arrested person. Bail is not granted.
 Criminal process following arrest –
non-bailable offence

Bail at discretion of court

At the end of remand period, a charge may be preferred

against the arrested person. Bail is granted.
 Criminal process following arrest –
unbailable offence

No discretion to grant bail

At the end of remand period, a charge may be preferred

against the arrested person. No bail is granted.