Guidelines for arrest

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Question asked on: 23/02/2015

The basic guidelines for arrest. Police are bound to follow it before making the arrest.

Advised by: Shivendra Pratap Singh,

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  in a routine  manner  on  a  mere  allegation of commission of an offence made against a person.
  • Police cannot arrest without having a 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 effecting 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  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 medical  examination  by  a  trained doctor  after  every  48  hours  during his   detention   is  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 through out 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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Shivendra Pratap Singh

Advocate, Lucknow

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