Arrest in case after six months
anurag kaushik
(Querist) 09 October 2015
This query is : Resolved
In Arnesh Kumar Vs State of Bihar ( CRIMINAL APPEAL NO. 1277 OF 2014) Honble supreme court gave following directions for cases where offence is punishable with imprisonment for a term which may be less than seven years
or which may extend to seven years; whether with or without fine, flowing from Section 41, Cr.PC :
1. All police officers be provided with a check list containing specified sub-clauses under Section 41(1)(b)(ii);
2. The police officer shall forward the check list duly filed and furnish the reasons and materials which necessitated the arrest, while forwarding/producing the accused before the Magistrate for further detention;
3. The Magistrate while authorising detention of the accused shall peruse the report furnished by the police officer in terms aforesaid and only after recording its satisfaction, the Magistrate will authorise detention;
4. The decision not to arrest an accused, be forwarded to the Magistrate within two weeks from the date of the institution of the case with a copy to the Magistrate which may be extended by the Superintendent of police of the district for the reasons to be recorded in writing;
5. Notice of appearance in terms of Section 41A of Cr.PC be served on the accused within two weeks from the date of institution of the case, which may be extended by the Superintendent of Police of the District for the reasons to be recorded in writing;
6. Failure to comply with the directions aforesaid shall apart from rendering the police officers concerned liable for departmental action, they shall also be liable to be punished for contempt of court to be instituted before High Court having territorial jurisdiction.
7. Authorising detention without recording reasons as aforesaid by the judicial Magistrate concerned shall be liable for departmental action by the appropriate High Court.
On the basis of above direct ions DGP, Maharashtra issues a circular dated 08.-07.2014.
Now can police officer below rank of DCP/SP authorize arrest after six months in case where punishment is two years and six months( I.e. more than two weeks in $ above have passed) or
IO/In charge of police station they will have to obtain permission of DCP/SP if arrest is to be made after two weeks. Notice under Sl. 5 above was issued more than six months ago and statements were collected.
anurag kaushik
(Querist) 10 October 2015
In scenario where notice was issued and six months have passed.
In line with Sl. 4 of SC direction does arrest require approval of SP?
Does the IO loose power to arrest after 15 days and power gets vested in SP?
anurag kaushik
(Querist) 10 October 2015
In scenario where notice was issued and six months have passed.
In line with Sl. 4 of SC direction does arrest require approval of SP?
Does the IO loose power to arrest after 15 days and power gets vested in SP?
SAINATH DEVALLA
(Expert) 10 October 2015
U posted another query "arrest after two weeks" and now in this query U say 6 months/clarify
anurag kaushik
(Querist) 10 October 2015
In scenario where notice was issued and two have passed.
In line with Sl. 4 of SC direction does arrest require approval of SP?
Does the IO loose power to arrest after 15 days and power gets vested in SP?
Anirudh
(Expert) 12 October 2015
Dear Mr. Anurag,
Your understanding of the SC guideline is totally wrong. No such approval from SP is required nor the IO looses any power to arrest after 15 days.
K.S.Srinivas
(Expert) 13 October 2015
Agreed with the Expert Anirudh.
anurag kaushik
(Querist) 13 October 2015
In Sl 4 once reason not to arrest is recorded and sent to magistrate how the same IO can reverse it later.
Anirudh
(Expert) 13 October 2015
Serial No.4 relates only to the decision not to arrest at that point of time. It is not a decision not to arrest the accused eternally.
Further in Serial No.4, the SP comes into the picture only to extend the time limit of two weeks, and not for any other purpose.
anurag kaushik
(Querist) 18 October 2015
Refer Sl 4 of query(SC judgement):
Suppose accused are not arrested. No report to Magistrate citing reasons of not arresting.
In these circumstances can IO arrest without approval of SP.
Anirudh
(Expert) 18 October 2015
YES. YES. YES.
