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rp shahi (CEO)     18 May 2017

Do in our constitution the law for citizens right of arrest

I was going through one document of US where they have citizens right of arrest. A citizen who sees any govt officer doing wrong can arrest him and take him to his senior officer.  The arrest is verbal only and the citizen tells officer that I am arresting you under the citizens right of arrest and taking you to your superior.

Do we have such provision here ?



 13 Replies

MPS RAMANI (Scientist/Engineer)     21 May 2017

In USA, laws change from State to State. Is it a Federal law or a State law that you are referring to? Try to get hold of the law and post it here. Let us not discuss on the basis of hearsay.

rp shahi (CEO)     21 May 2017

https://amritsarcitypolice.gov.in/blog_citizen.htm

MPS RAMANI (Scientist/Engineer)     21 May 2017

These sections in the Criminal Procedure Code of India were enacted by the British to make fellow countrymen act as fifth columnists and hand over patriots to the police. But where are the US laws?

MPS RAMANI (Scientist/Engineer)     21 May 2017

These are not 'rights', but duties. Our Constitution contained fundamental rights, but not 'duties'. Then during Emergency Indira Gandhi inserted the 'Fundamental Duties' into the Constitution. Are there Fundamental Duties in American Constitution? The US Constitution is 228 years old. It has been amended 45 times or so. Indian Constitution is only 67 years old. It has been amended more than a 100 times. Who was at fault, B. R. Ambedkar? A free democracy only gives rights. Duties have to be voluntary.

 

Democratic Indian (n/a)     23 May 2017

Posse comitatus is part of Britsh Common Law. The U.S. as well as Indian laws are based on British Common Law and include posse comitatus. Posse comitatus also gives police powers of arrest to the citizens.

 

Posse comitatus is embedded in Sections 37 to 39, 43, 46, 47, 52 and 60 in Chapter V Arrest Of Persons of the Criminal Procedure Code, Section 129(2) in Chapter X Maintenance of Public Order and Tranquility of the Criminal Procedure Code and Sections 96 to 106 Indian Penal Code flowing from Articles 21 as citizen's militia in personal capacity and control.

 

Fundamental rights and fundamental duties are two sides of the same coin and since fundamental right to assemble peaceably and with arms and citizen's militia in personal capacity and control is embedded and exists for citizens under Article 19(1)(b), that is why there exists corresponding reflection of fundamental duty of citizen's militia in personal capacity and control, under Articles 51A(b)(c),(d) & (i) and it also gets manifested under the Punjab Village and Small Towns Patrol Act, 1918 and the Himachal Pradesh Village And Small Towns Patrol Act, 1964. Under these acts, in order to do patrolling, able-bodied male inhabitants exercise two fundamental rights, right to assemble (peaceably as well as violently if situation compels) and the natural human right to keep and bear arms for patrolling. Similarly the natural human right to keep and bear arms, police powers and posse comitatus are also embedded in Civil Defense Act 1968.

rp shahi (CEO)     25 May 2017

But does Citizens Right of Arrest exists in India?

MPS RAMANI (Scientist/Engineer)     25 May 2017

Dear Democratic Indian:  rp shahi wants reply in plain layman's language.

Democratic Indian (n/a)     25 May 2017

Originally posted by : Dr. MPS RAMANI Ph.D.[Tech]
rp shahi wants reply in plain layman's language.

Short answer to his question is he should read Section 43 of Criminal Procedure Code. As per Section 43 of Criminal Procedure Code, a  private person can make an arrest if he sees someone committed a non bailable and cognizable offense or finds a proclaimed offender. Criminal Procedure Code is a public document and is available for free download on internet.

 

If he is unable to understand or get answer to his question, then he should disclose the actual problem he is facing. If thinks he should not be disclosing the problem publicly on this forum, then he may sit with an advocate and discuss his problem.

rp shahi (CEO)     26 May 2017

Thanks, Democratic Indian ! I would now look into the section 43 of crimnal pracedure code.  The main isue here is that we are watching civic authorities ie: Administrator,Ranchi Municipal Corporation, Secretary, Urban Developement Ministry and minister himself ordering construction of commercial buildings in a green area which was park and pond earlier. The whole area was given by one person on lease in 1919 and in 1969 it was pond but they filled it up and are making commercial buildings, without approval of architectural plans. As per their own rules it is an illegal construction. High court is on vocation and construction is going on full swing. We the civil society are protesting with demostrations , banners and media too is supporting and showing it all. 

I had an idea to civil arrest Admnistrator, Ranch Municipal Corporation and take him to the Commissioner/ Dy C om, Ranchi which will take out struggle to a new level, and people too would be aware of this code.

MPS RAMANI (Scientist/Engineer)     26 May 2017

These sections giving rights to ordinary persons are tricky in application. They will not help in the type of situation narrated by rp shahi. Ordinary persons as individuals or as group of individuals have limited capacity to act. The unseen thing when a policeman acts is not only that he has the backing of the State, but that everyone around knows that he has the backing of the State. When lay people act there is a thin line between 'arresting' a person and taking law into one's own hands.

Democratic Indian (n/a)     26 May 2017

Originally posted by : rp shahi
Thanks, Democratic Indian ! I would now look into the section 43 of crimnal pracedure code.  The main isue here is that we are watching civic authorities ie: Administrator,Ranchi Municipal Corporation, Secretary, Urban Developement Ministry and minister himself ordering construction of commercial buildings in a green area which was park and pond earlier. The whole area was given by one person on lease in 1919 and in 1969 it was pond but they filled it up and are making commercial buildings, without approval of architectural plans. As per their own rules it is an illegal construction. High court is on vocation and construction is going on full swing. We the civil society are protesting with demostrations , banners and media too is supporting and showing it all. 

I had an idea to civil arrest Admnistrator, Ranch Municipal Corporation and take him to the Commissioner/ Dy C om, Ranchi which will take out struggle to a new level, and people too would be aware of this code.

Shahi Ji You are welcome. Section 43 of CrPC deals with criminal offenses especially cognizable and non bailable offenses.

 

The grievance you are describing is related to "public servants" as defined in Indian Penal Code. If public servant has not done criminal offense, you cannot obstruct public servant from doing his "duty" and may attract penal provisions of Indian Penal Code against you. Rather than taking any hurried step under emotions, it would be advisable to sit with an experienced local advocate and discuss the matter in great detail or discuss the matter in detail with Commissioner etc. of Police and take them in confidence. Or see if vacation bench of High Court is there to look into this matter.

1 Like

Lokender Gupta (Director)     26 May 2017


Democratic Indian ! I would now look into the section 43 of crimnal pracedure code.  The main isue here is that we are watching civic authorities ie: Administrator,Ranchi Municipal Corporation, Secretary, Urban Developement Ministry and minister himself ordering construction of commercial buildings in a green area which was park and pond earlier. The whole area was given by one person on lease in 1919 and in 1969 it was pond but they filled it up and are making commercial buildings, without approval of architectural plans. As per their own rules it is an illegal construction. High court is on vocation and construction is going on full swing. We the civil society are protesting with demostrations , banners and media too is supporting and showing it all.  I had an idea to civil arrest Admnistrator, Ranch Municipal Corporation and take him to the Commissioner/ Dy C om, Ranchi which will take out struggle to a new level, and people too would be aware of this code. Shahi Ji You are welcome. Section 43 of CrPC deals with criminal offenses especially cognizable and non bailable offenses.   The grievance you are describing is related to "public servants" as defined in Indian Penal Code. If public servant has not done criminal offense, you cannot obstruct public servant from doing his "duty" and may attract penal provisions of Indian Penal Code against you. Rather than taking any hurried step under emotions, it would be advisable to sit with an experienced local advocate and discuss the matter in great detail or discuss the matter in detail with Commissioner etc. of Police and take them in confidence. Or see if vacation bench of High Court is there to look into this matter.

 

Zeta Teresa Pereira   14 January 2020

Dear R.P. Shahi,

Under Section 43 of the Criminal Procedure Code, any person can arrest any other person who in his presence commits a non-bailable and cognizable offence. The arrested person must be brought to a police officer or the nearest police station without unnecessary delay. 

Hope this is clear.

Regards,

Zeta


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