Fwd: Legal Instructions for Police Officers before effecting Arrests.....

---------- Forwarded message ----------
From: Sandeep Jalan <legal.melange@gmail.com>
Date: Sat, Jun 16, 2012 at 10:06 AM
Subject: Legal Instructions for Police Officers before effecting Arrests.....
To:

Notwithstanding anything contained in any State law or any other law, all Arrests are to be effected, keeping in mind the following laws - 

1. First of all it must be stated that powers of arrest are conferred upon Police officers only, that is to say, Police officers who have powers to investigate the case and powers to file the Police Report (Charge sheet) u/s 173 of CrPC, 1973.

2. In case the Police intends to arrest the Person named in the FIR, then they should scrupulously / strictly follow the due process of law as contained under sections 41(1)(b)(i)(ii), 41(2) r/w section 60-A of CrPC, 1973;

3. Police Officer effecting arrest is also obliged to strictly adhere to the guidelines framed by Supreme Court of India in the Joginder Kumar case. The said SC guidelines were thus issued by all DGP of each State to all the Police stations in the State, on the specific directions of the Supreme Court in the said Joginder Kumar case in 1994. Rules in respect of arrest of women are contained in section 46 of CrPC, 1973.

4. Also, whenever Police officer intends to arrests any person, it is obligatory, among other things

   (a) to clearly inform the person to be arrested, about the offence he is alleged to have committed – section 50 of CrPC 1973;

   (b) the Police are obliged to immediately inform to any of the friend or relative of the arrested person about the arrest of that person and the place of his custody – section 50-A

   (c) if the offence / offences alleged is/are defined as bailable offences, then, Police must inform the accused person about his right of immediate release on furnishing of Bail (Surety) (section 50-A) or by executing a Bond (Section 441 of CrPC, 1973) in lieu of Bail. The Police may also release a person on deposit of certain sum of money for accused person to arrange for the surety.

5. The SC binding guidelines, before arrests is provided in the case of Joginder Kumar and after effecting arrests is provided in the case of D K Basu versus State of West Bengal.

Related Important Links -

http://thepracticeoflawjalan.blogspot.in/2012/04/when-facing-illegalities-of-police-here.html

http://thepracticeoflawjalan.blogspot.in/2012/04/crpc-sc-binding-guidelines-before.html

http://thepracticeoflawjalan.blogspot.in/2012/04/crpc-sc-binding-guidelines-after.html

http://thepracticeoflawjalan.blogspot.in/2012/04/legal-options-for-innocent-person-who.html

http://thepracticeoflawjalan.blogspot.in/2012/04/where-false-complaint-has-been-filed-in.html

http://thepracticeoflawjalan.blogspot.in/2012/04/crpc-criminal-machinery-may-be-set-into.html

http://thepracticeoflawjalan.blogspot.in/2012/04/crpc-personal-liberty-arrests.html

http://thepracticeoflawjalan.blogspot.in/2012/04/crpc-damages-for-illegal-arrests.html

http://commonlaw-sandeep.blogspot.in/2010/05/is-preventive-detention-proviso-to.html

http://thepracticeoflawjalan.blogspot.in/2012/04/crpc-bail-by-police-in-non-bailable.html

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Sandeep Jalan

Advocate

Mumbai

 

 

A Legal Resource in the making

http://thepracticeoflawjalan.blogspot.in/2012/04/legal-options.html

 

 

                

                   Nani Palkhiwala, with whom an institution is recognized, has once said, "an aggrieved's act of seeking courts' intervention, in fact, is an appeal to the judicial conscience of the sitting judge, to do that - which all prudent man would do, in the facts of the case.