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Guidelines for arrest

by | 23 Feb, 2015 | Criminal Law

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The basic guidelines for arrest. Police are bound to follow it before making the arrest. Time and again the supreme court of India in its judgments make rule or guideline for arrest. Some important judgments are given below. 

Joginder Kumar Vs State of UP  

  • No arrest can be made because it is lawful for the Police Officer to do so. The existence of the power to arrest is one thing. The justification for the exercise of it is quite another. The Police Officer must be able to justify the arrest apart from his power to do so.
  • No arrest can be made routinely on a mere allegation of commission of an offence made against a person.
  • Police cannot arrest without having reasonable satisfaction that information is genuine or bona-fide.
  • A person is not liable to arrest merely on the suspicion of complicity in an offence. There must be some reasonable justification in the opinion of the officer affecting the arrest that such arrest is necessary and justified.
  • The Police Officer shall inform the arrested person when he is brought to the police station of this right.
  • An entry shall be required to be made in the Diary as to who was informed of the arrest. These protections from power must be held to flow from Articles 21 and 22 (1) and enforced strictly.
  • An arrested person being held in custody is entitled if he so requests to have one friend relative or another person who is known to him or likely to take an interest in his welfare told as far as is practicable that he has been arrested and where is being detained.

D.K. Basu Vs. State of West Bengal

  • The police personnel carrying out the arrest and handling the interrogation of the arrestee should bear accurate, visible and clear identification and name tags with their designations.   
  • The particulars of all such police personnel who handle interrogation of the arrestee must be recorded in a register and the case diary.
  • The police officer carrying out the arrest of the arrestee shall prepare a memo of arrest at the time of arrest and such memo shall be attested by at least one witness, who may be either a member of the family of the arrestee or a respectable person of the locality from where the arrest is made. It shall also be countersigned by the arrestee and shall contain the time and date of arrest.
  • A person who has been arrested or detained and is being held in custody in a police station or interrogation centre or other lock-up shall be entitled to have one friend or relative or the person known to him or having an interest in his welfare being informed, as soon as practicable, that he has been arrested and is being detained at the particular place unless the attesting witness of the memo of arrest is himself such a friend or a relative of the arrestee.
  • The police officer informs the relative or friend of the arrested person about the time, place and venue of custody. 
  • The person arrested must be made aware of this right to have someone informed of his arrest or detention as soon as he is put under arrest or is detained.
  • An entry must be made in the diary at the place of detention regarding the arrest of the person which shall also disclose the name of the next friend of the person who has been informed of the arrest and the names and particulars of the police officials in whose custody the arrestee is.
  • The arrestee should, where he so requests, be also examined at the time of his arrest and major and minor injuries, if any present on his/her body, must be recorded at that time. The “Inspection Memo” must be signed both by the arrestee and the police affecting the arrest and its copy provided to the arrestee.
  • The arrestee should be subjected to a medical examination by a trained doctor after every 48 hours during his detention in custody by a doctor on the panel of approved doctors appointed by Director, Health Services of the concerned State or Union Territory, Director, Health Services should prepare such a board for all Tehsils and Districts as well.
  • Copies of all the documents including the memo of arrest, referred to above, should be sent to the Illaqa Magistrate for his record.
  • The arrestee may be permitted to meet his lawyer during interrogation, though not throughout the examination.
  • A Police control room should be provided at all district and State headquarters where information regarding the arrest and the place of custody of the arrestee shall be communicated by the officer causing the arrest, within 12 hours of effecting the arrest and at the police control room it should be displayed on a conspicuous notice board.

Court On Its Own Motion Vs CBI

Sections 498A/406 IPC which “are much-abused provisions and exploited by the police and the victims to the level of absurdity, every relative of the husband, close or distant, old or minor is arrested by the police unless the allegations are very serious nature and highest magnitude arrest should always be avoided.

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