Monday, December 31, 2012
When can Police Arrest anyone?
RIGHTS EXTENDED TO THE PERSONS ARRESTED, DETAINED IN POLICE CUSTODY AS PER NHRC GUIDELINES AND HON’BLE SUPREME COURT JUDGEMENT IN C.W.P. NO. 09/1994—JOGINDER KUMAR VS. STATE OF U.P. & ORS. AND IN C.W.P. NO. 539/86- D.K. BASU VS STATE OF WEST BENGAL.
a) A person is not liable to be arrested merely on the suspicion of complicity in an offence.
b) No arrest should be made in a routine manner on a mere allegation of commission of an offence made against a person.
c) No arrest can be made merely because it is lawful for the police officer to do so. A police officer must be able to justify the arrest apart from his power to do so.
d) No arrest should be made without a reasonable satisfaction reached after some investigation as to the genuineness and bonafides of a complaint and a reasonable belief both as to the person’s complicity and even so as to the need to effect arrest.
e) There must be some reasonable justification in the opinion of the officer effecting the arrest that such arrest is necessary and justified. Arrest in cognizable cases may be considered justified in one or other of the following circumstances:
(i) The case involves a grave offence like murder, dacoity, robbery, rape etc., and it is necessary to arrest the suspect to prevent him from escaping or evading the process of law.
(ii) The suspect is given to violent behavior and is likely to commit further offences.
(iii) The suspect requires to be prevented from destroying evidence or interfering with witnesses or warning other suspects who have not yet been arrested.
(iv) The suspect is a habitual offender who unless arrested, is likely to commit similar or further offences.
f) Except in heinous offences, as mentioned above, an arrest must be avoided if a police officer issues notice to the person to attend the Police Station and not leave the station without permission.