Arrest Arrest should be the last option and it should be restricted to those exceptional cases where arresting the accused is imperative in the facts and circumstances of that case. The court must carefully examine the entire available record and particularly the allegations which have been directly attributed to the accused and these allegations are corroborated by other material and […]
Arrest
Meaning of Arrest Broadly speaking, arrests may be classified into two categories, namely, arrests under warrants issued by a Court and arrests otherwise than under such warrants. As to the first category of arrest, Ss. 75 to 86 collected under sub-heading “B-Warrant of Arrest” in Chap. 5, Criminal P.C. deal with arrests in execution of warrants issued by a Court […]
The horizon of human rights is expanding. At the same time, the crime rate is also increasing. Of late, this Court has been receiving complaints about violation of human rights because of indiscriminate arrests. How are we to strike a balance between the two?
Last it be remembered that the arrest of a person involves an encroachment on his/her personal liberty. Article 21 of the Constitution of India declares that no person shall be deprived of his personal liberty and life except in accordance with procedure established by law. There can be no doubt that the power to arrest any person therefore must be premised on a law which authorizes the same. Police has a statutory duty to inform the arrestee of the grounds for such arrest as contemplated under Article 22(1) of the Constitution and Section 50 of the Code. If police failed to dischurge its statutory duty the Magistrate must Perform it before remanding the arrested person.
In complaint cases, at the first instance, the court should direct serving of the summons along with the copy of the complaint. If the accused seem to be avoiding the summons, the court, in the second instance should issue bailable warrant. In the third instance, when the court is fully satisfied that the accused is avoiding the court’s proceeding intentionally, the process of issuance of the non-bailable warrant should be resorted to.
Supreme Court withdrew protection given to Mr. Rajeev Kumar, former Commissioner of Police, Kolkata, vide order dated February 05, 2019 restraining the CBI from arresting him and thereby
06-12-2001-Criminal Procedure Code, 1973 (CrPC) – Section 156 – Arrest of accused – Permissibility – If the police, after preliminary investigation, discover some reliable evidence of the involvement of accused in the offence and if the police require his arrest for the purpose of investigation, it would be open to the police to place the facts and material before the Magistrate, who will consider whether arrest on those facts and material would be necessary for the purpose of investigation or not, and accordingly issue or refuse to issue warrant of arrest.
Arrests can be made by Police Officers with Warrants issued by the Courts. There is no discretion allowed to the police in executing Warrants of arrests.
The sole point for our consideration then is whether the taking into custody of an abducted person by a police officer under S. 4 of the Act and the delivery of such person by him into the custody of the officer-in-charge of the nearest camp can be regarded as arrest and detention within the meaning of Art. 22(1) and (2). If they are not, then there can be no complaint that the Act infringes the fundamental right guaranteed by Art. 22 (1) and (2).
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