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Law Regarding Arrest.

India, Feb. 8 -- Many clients complain that they or their relatives were arrested without arrest warrant. Some say they were produced before the Magistrate not within 24 hours, others say they did not even know their offence, thus goes the sufferings of arrestees. Therefore I like to pen the law regarding arrest and I hope it will educate our citizens with their rights.

There are two kinds of arrest. One is without arrest warrant and the other is with arrest warrant.

Q. When can a police officer arrest a person without arrest warrant?

A police officer can arrest a person without warrant (1) when the person has been concerned in any cognizable offence, or when a reasonable complaint or a credible information has been received by the Police Officer about the commission of a non-cognizable offence by that person or when the Police officer has the reasonable suspicion about the offence committed by the person,(2)when a person commits the offence of house braking, (3) when a person is proclaimed as an offender by a competent authority,(4)when a person is suspected to be in possession of stolen property and is suspected of having committed an offence concerning the property in his possession, (5)when one obstructs a police officer while he executes his duty or when one has escaped or attempts to escape from lawful custody, (6)when there is a reasonable suspicion of being a desert from any armed forces of the Union, (7)when a person has committed any act out of India and it is punishable in India and that he is liable to be extradited or detained in custody in India, (8)when a released convict commits a breach of any rule that he has to abide under the law

However in other matters the police can arrest only with a warrant.

Q. What is an 'arrest warrant'?

According to Section 70 of Criminal Procedural Code, Arrest Warrant/Warrant of Arrest means an order of the Court to arrest a person at any place he is found for being accused of an offence. A valid arrest warrant should contain certain mandatory requisites.

Q. What are the requisites for a valid arrest warrant?

A warrant should be in writing, It should be signed by the presiding officer of the Court, it should bear the seal of the court, it should have the name and designation of the person who is to execute the arrest, it must indicate the clear name and address of the accused, it should state the offence with which an accused is charged, it should indicate the date of the issue of the warrant of arrest

A warrant once issued will remain in force till it is executed or cancelled. A Magistrate is competent to issue a warrant of arrest for the production of a person before his own court. He is not competent to issue a warrant of arrest for the production of a person before a police official

Q. What are the principles of arrest?

In D.K.Basu vs. State of West Bengal the Supreme Court said, custodial torture is a naked violation of human dignity. The court also laid down certain principles regarding arrest

(a) 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 personnel who handle interrogation of the arrestee must be recorded in a register.

(b) The police officer carrying out the arrest should 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 counter signed by the arrestee and shall contain the time and date of arrest

(c) 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 other 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 and such a friend or a relative of the arrestee

(d) The time, place of arrest and venue of custody of an arrestee must be notified by the police where the next friend or relative of the arrestee lives outside the district or town through the Legal Aids Organization in the district and the police station of the area concerned telegraphically within a period of 8-12 hours after the arrest

(e) The person arrested must be made aware of his right to have someone informed of his arrest or detention as soon as he is put under arrest or is detained.

(f) 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

(g) The arrestee should, where he so request, be also examines at the time of his arrest and major and minor injuries, if any present on his/her body, must be recorded at the time. The inspector Memo must be signed both by the arrestee and the police officer effecting the arrest and its copy provided to the arrestee

(h) The arrestee should be subjected to medical examination by the trained doctor every 48 hours during his detention in custody by a doctor on the panel of approved doctor appointed by Director, Health Services of the concerned State or union Territory, Director, Health Services should prepare such a panel for all Tehsils and Districts as well

(i) Copies of all the documents including the memo of arrest, referred to above, should be sent to the Magistrate for his record

(j) The arrestee may be permitted to meet his lawyer during interrogation, though not throughout the interrogation

(k) 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.

It is important to note that every citizen has the right to have a lawyer.

Published by HT Syndication with permission from Indian Currents.

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Publication:Indian Currents
Geographic Code:9INDI
Date:Feb 8, 2016
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