Facts

Pursuant to an FIR filed under section 420 read with s. 34 of the Indian Penal  Code, 1860 and Section 66D of the Information Technology Act, 2000 alleging fraud, the Petitioners were arrested. The petitioners claimed that the manner in which they were arrested was in violation of the norms set by the Supreme Court and that their dignity had been sullied. The Petitioners claimed compensation.

Issue

The Court was concerned with the guidelines that need to be followed during arrest of persons in relation to certain types of offences that meet the criteria prescribed by Section 41 and 41A of the Code of Criminal Procedure, 1973.

View

No arrest should be made without being satisfied of the genuineness and bona  fides of a complaint and a reasonable belief as to the accused person’s complicity and the imminent need to effect his arrest. Denying a person his liberty is a serious matter.

Held

Before the police proceed to arrest, certain guidelines prescribed by the Supreme Court in DK Basu v. State of West  Bengal (1997) 1 SCC 416 must be adhered to  by Police. As per Section 41A of the Code of Criminal Procedure, 1973 a person accused of an offence punishable with imprisonment for a term which may be    less than seven years or which may extend to seven years with or without fine,   can be arrested by the police officer only on his satisfaction that such person had committed the offence. In such cases, a police office has to be further satisfied    that such arrest is necessary:

1. to prevent such person from committing any further offence or for proper investigation of the case; or

1. to prevent the accused from causing the evidence of the offence to disappear tampering with such evidence in anymanner; or
2. to prevent such person from making any inducement, threat or promise to a witness so as to dissuade him from disclosing such facts to the court   or the police officer; or
3. as his presence in the court whenever required cannot be

The accused is obliged to appear before the police officer and if he/she complies with the terms of notice, he shall not be arrested, unless the officer deems such arrest necessary.  In such a case, the reasons for the same have to be recorded by  the officer in terms of theguidelines. (WP (Cri) No. 30 of 2015 dt. 3-6-2016)

Editorial: The guidelines set out by the Supreme court and highlighted in this   case are important in ensuring that the law enforcement agencies do not act overzealously and curtail the liberty of the citizens without reasonable justification for the same, by arresting the accused, especially when the alleged crime in question is not a serious one i.e where involving the imprisonment not exceeding seven years. In Youth  Bar Association of India v.  UOI AIR 2016 SC 4136/(2016)   9 SCC 473/MANU/SC/1339/2016 The Supreme Court in this case set out important guidelines to be followed in uploading FIRs on the official website of the State police. Guidelines also contained the procedure to be followed in order to obtain    a copy of the same in certain special circumstances.

“The essence of all religions is one. Only their approaches aredifferent.”

– Mahatma Gandhi