Since Arrest Of Person Is Drastic & Desperate Stage, It Must Necessarily Be Effected Upon Following Procedure…
The arrest of a person is indeed a drastic and serious action because it involves deprivation of personal liberty, which is a fundamental right protected under Article 21 of the Indian Constitution. Because of its serious nature, arrest must follow a strict procedure laid down by law and judicial guidelines to prevent misuse and protect the rights of the accused.
Arrest: A Drastic and Desperate Measure — The Required Procedure
1. Legal Foundation of Arrest
Arrest is allowed only when authorized by law.
It must be done following procedure established by law (Article 21).
Arbitrary or illegal arrests are unlawful and violative of fundamental rights.
2. Key Principles Governing Arrest
Arrest should be made only if absolutely necessary.
The police must have reasonable suspicion or credible information that the person committed a cognizable offence.
The least restrictive means must be used; arrest is a last resort after other means fail.
3. Mandatory Procedures to be Followed During Arrest
The Supreme Court in D.K. Basu v. State of West Bengal (1997) laid down detailed guidelines, which include:
Identification of Police Officials:
Police officers making the arrest must carry clear identification and name tags.
Informing the Person About the Grounds of Arrest:
The arrested person must be told clearly the reason for arrest.
Right to be Informed:
The arrested person has the right to inform a relative or friend immediately.
Preparation of Arrest Memo:
A memo of arrest should be prepared at the time of arrest, signed by the arrested person, police officials, and a witness (preferably a family member or respectable local person).
Medical Examination:
The arrested person should be examined by a medical officer at the time of arrest and periodically thereafter.
Recording of Arrest in Police Diary:
The arrest must be recorded in the police diary or case diary.
Production Before Magistrate:
The arrested person must be produced before the Magistrate within 24 hours of arrest.
Right to Legal Counsel:
The arrested person has the right to consult a lawyer of their choice during interrogation.
4. Statutory Provisions
Section 41 of CrPC:
Police must record reasons for arrest or reasons for not arresting in certain cases.
Section 50 of CrPC:
Person about to be arrested must be informed of the grounds of arrest and their right to bail where applicable.
Section 57 of CrPC:
Medical examination of accused arrested in cases of rape or other offences causing bodily injury.
5. Constitutional Safeguards
Article 22 mandates:
Right to be informed of the grounds of arrest.
Right to consult and be defended by a legal practitioner.
Right to be produced before magistrate within 24 hours.
Summary: Arrest Procedure Checklist
| Step | Description |
|---|---|
| Reasonable grounds | Arrest only on credible information or suspicion |
| Informing grounds | Person informed of reasons for arrest |
| Identification | Arresting officers identify themselves |
| Arrest memo | Prepared and signed by arrested person and witnesses |
| Informing relative/friend | Right exercised immediately |
| Medical examination | Conducted promptly |
| Legal counsel | Access to lawyer ensured |
| Magistrate production | Within 24 hours |
Conclusion
Since arrest curtails a person's liberty, it must be conducted strictly according to law and established guidelines to ensure fairness and prevent abuse. This procedure safeguards individual rights and maintains the rule of law.
RELATED Blog
0 comments