CrPC Section 85
Section 85 of the Criminal Procedure Code (CrPC), 1973 – Procedure in Case of Suspected Persons Found Loitering
Text of the Section:
“When any person, reasonably suspected of having committed an offence, is found loitering or wandering at a public place, the police officer or any other person may take such person into custody and proceed against him according to law.”
Detailed Explanation:
1. Introduction:
Section 85 of the CrPC provides the legal authority to police officers or any other persons to take into custody anyone who is found loitering or wandering in a public place under reasonable suspicion of having committed an offence. This section is a preventive measure to curb crimes and maintain public order.
2. Purpose:
To empower law enforcement to detain suspicious persons who may pose a threat to public safety.
To prevent potential crimes by early intervention.
To maintain law and order by controlling suspicious activities in public places.
3. Key Provisions:
The person must be reasonably suspected of having committed an offence.
The person is found loitering or wandering in a public place.
The police officer or any other person (including private citizens) can take the person into custody.
After detention, the person must be dealt with according to law, which usually involves investigation, questioning, or further legal action.
4. Importance:
Acts as a preventive tool in crime control.
Helps police to investigate and gather evidence early.
Gives legal backing to officers acting on reasonable suspicion, ensuring their actions are within the law.
5. Practical Implications:
Police can temporarily detain suspicious persons even without prior evidence.
Detention should be based on reasonable suspicion, not arbitrary or discriminatory reasons.
Persons detained under this section must be treated lawfully and not abused or detained indefinitely.
6. Related Provisions:
Section 41 CrPC: Power of police to arrest without warrant under reasonable suspicion.
Article 22 of the Constitution of India: Protects against arbitrary arrest and detention, requiring safeguards and timely production before Magistrate.
Section 50 CrPC: Police duty to inform the arrested person of grounds of arrest.
7. Judicial Interpretation:
Courts emphasize that reasonable suspicion must be based on facts and circumstances, not mere guesswork.
Detention under this section is preventive, not punitive.
Misuse of this section to harass or discriminate against persons is unlawful.
Conclusion:
Section 85 of the CrPC empowers police officers and others to take into custody individuals found loitering in public places under reasonable suspicion of committing an offence. This section helps maintain public order and enables early intervention in potential criminal activities, while also requiring reasonable grounds and lawful procedures.
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