is arrest of accused is compulsory for filing criminal case

mukund d gosavi (Querist) 28 November 2010 This query is : Resolved
can a police officer investigate cognizable offense without arresting a person especially he is known personality and is co-operating in the investigation process ---- m.d.gosavi

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Devajyoti Barman (Expert) 28 November 2010
If the accused is abscondng then the police will have no option but to investigate without the accused in custody.

Guest (Expert) 28 November 2010
YES, He can....

There are significant other requirements that need to be fulfilled for an arrest. These are:

1. The case involves a grave offence like murder, dacoity, robbery, rape etc., and it is necessary to arrest the accused and bring his movements under restraint to infuse confidence among the terror stricken victims.

2. The accused is likely to abscond and evade the processes of law.

3. The accused is given to violent behavior and is likely to commit further offences unless his movements are brought under restraint.

4. The accused is a habitual offender and unless kept in custody he is likely to commit similar offences again. It would be desirable to insist through departmental instructions that a police officer making an arrest should also record in the case diary the reasons for making the arrest, thereby clarifying his conformity to the specified guidelines.

if the person is helping in investigation then investigating officer is not bound to arrest him/her.

Chief Justice Of India, M.N. Venkatachalliah says (JOGINDER KUMAR Vs. STATE OF U.P.25/04/1994) in this landmark judgment that defined the powers of the police to arrest a person.

"No arrest can be made because it is lawful for the police officer to do so. The existence of the power to arrest is one thing. The justification for the exercise of it is quite another. The police officer must be able to justify the arrest apart from his power to do so. Arrest and detention in police lock-up of a person cause incalculable harm to the reputation and self-esteem of a person. No arrest can be made in a routine manner on a mere allegation of commission of an offence made against a person. It would be prudent for a police officer in the interest of protection of the constitutional rights of a citizen and perhaps in his own interest that no arrest should be made without a reasonable satisfaction reached after some investigation as to the genuineness and bona fides of a complaint and a reasonable belief both as to the person’s complicity and even so as to the need to effect arrest. Denying a person of his liberty is a serious matter."

Devajyoti Barman (Expert) 28 November 2010
Very good explanation Mr.Ajitabh.

Advocate. Arunagiri (Expert) 29 November 2010
It is not mandatory to arrest a person for the purpose of investigation. the police will normally arrest the person, if he will not cooperate for the investigation, or he will influence witnesses or will abscond.