Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Mohan S   27 January 2009

Power to Arrest in Criminal Proceedings

Hi members,

I want a clarification on the power of the police to arrest a person. I find that in many cases, the police arrest the persons and remand them to Judicial Custody though later either no charge sheet is filed against such persons or they are acquitted.

As I understan, the power to arrest is only to ensure that the person accused is made to face the trial and the law takes it's course. But in some cases, even if the person is of very high repute and there is no reason to suspect him/her to run away, they are arrested merely to defame or insult them as the "Arrested person" is viewed with Taint by the society and the Media portrays them so. Is there no mechanism to prevent the misuse of the power of "Arrest" by the Police who are not having credibility in any part of the country?

Is this the reason for the recent amendments to Cr.PC wherein, I understand,Police has no power to arrest a person if the charges are not punishable with imprisonment of less than 7 years?

Why the Magistrates remand the person as a "routine" without application of mind?

I want the objective views of Learned Advocate friends.

 



Learning

 4 Replies

PALNITKAR V.V. (Lawyer)     27 January 2009

In fact the SC court has had come down heavily on the practise of unnecessary arrest of persons. Pls see the case of Joginder Singh. It is in fact not at all necessary that a person should be arrested in each and every case. It has ill effects as narrated by you. Precisely that is the reason for the latest amendment. 

rajeev (advocate)     27 January 2009

only police have got power to arrest the person in case of non bailable offence that to in heneious offences  but the police people makes it possible in every case even thoug h cr.p.c is amended it will not be so much effective

Ravi Arora (Advocate)     29 January 2009

Mr. Planitkar is right but brother this is India,  What ever you do even cr.p.c is amended but it will go as it was going

Sanjeev Tewatia (Advocate)     29 January 2009

I agreed with my friends


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