Arrests are carried out by the police when they have information about somebody (i.e. accused) committing a crime. Arrests have to be allowed by the concerned Magistrate. In certain situations, the Magistrate can also ask anyone else apart from the police to arrest a person suspected of committing a crime.
No person can be detained by the police without being informed of the reasons and the basis in law for their arrest. This doesn’t mean they always need a warrant to arrest you. Normally a Magistrate issues a warrant to arrest you, but if the Police suspect that you committed a cognizable crime, you can be arrested even without an arrest warrant.
You have the right to consult with and be defended by a lawyer of your choice. When being arrested,
Before taking you away, the police has a duty to inform your friends, relatives, or any other person who you choose, about your arrest. With 12 hours of the arrest, the police officer has to inform the police control room of
When you are being arrested, before taking you away, you can choose a person (friend or family member) whom the police must inform about your arrest. If the arrested person’s friends or family live in a different district or town, the police must notify them of
The police can notify the relative or friend through the Legal Aid Organisation in the district and the police station of that area within a period of 8 to 12 hours after the arrest.
When you are being held in custody,
The police officers handling the interrogation should bear accurate, visible and clear identification and name tags with their designations. The details of the police personnel who handle your interrogation must be recorded in a register. The arrested person may be permitted to meet their lawyer during interrogation, though not throughout the interrogation.
Anyone who is arrested and in custody of the police should be produced before the nearest magistrate within a period of twenty-four hours of their arrest. Copies of all the documents including the memo of arrest should be sent to the concerned Magistrate for their record.
When the police arrest someone without following the procedure as laid down in the law, it is considered to be unlawful arrests. In such cases, the arrested person or the relative/s of such person can file a habeas corpus petition before a High Court. This petition is filed requesting the authority who has arrested the person without following the legal process to produce the person so arrested and determine the legality of their arrest.
A summons is a notice issued by the court when a legal proceeding has been started against a person or there is a requirement of the person for appearing as a witness in the court. The person who has received the summons should go to the court accordingly.
No, they do not need a warrant if they suspect that you committed a serious crime. Such crimes for which you can be arrested even without an arrest warrant are known as 'cognizable' crimes. Examples include murder, sexual offences, acid attack, rioting, starting a fire etc. Normally, it is the Magistrate which will issue a warrant to arrest you. Since these type of crimes need urgent action from the police, the police can take charge even without permission from the Magistrate.
Non-cognizable crimes are less serious crimes such as adultery, defamation etc. When a non-cognizable crime has been committed, the police needs the permission of the Magistrate to make an arrest. Generally, since these crimes are more private in nature and do not need the police to act urgently, the normal process of getting permission from the Magistrate must be followed. There is an exception to this general rule if the police see you committing or someone accuses you of committing a non-cognizable crime when the police are around. In such situations, the police can arrest you if you refuse to tell them your name and address or give them the wrong name and address.
The police can arrest you without a warrant in two broad cases:
In the first category, the law lays down the specific situations in which the police can arrest you without an arrest warrant:
Resisting an arrest does not help - it only allows the police to use force to arrest you. If you do not submit to being arrested, the police can use all means necessary to arrest you. Though they have a duty not to cause your death, they can use deadly force if you are being accused of a crime which is punishable by death or prison for the rest of your life.
Yes, the police can search you when they are arresting you and place anything they find in safe custody. If you are a woman, you can be searched only by another woman. The police have to give you a personal search memo which is a list of all the things that they have taken – this search memo is sometimes known as jamatalashi. They can also take your fingerprints with the permission of the Magistrate.
Yes, there are two purposes for which you can be examined.
The police need to present you before the Magistrate as soon as possible after you have been arrested. They cannot keep you under arrest for more than 24 hours – this excludes travel time to the court. The police officer will also need to provide a copy of the entries in the case diary to the Magistrate. The case diary is a daily diary kept by an officer detailing all that happens in an investigation. The Supreme Court has directed the police officers to provide the Magistrate with a checklist of the reasons for your arrest along with all documents related to your arrest including the arrest memo.
After you've been presented before the Magistrate, the Magistrate can discharge you or grant you bail. Your lawyer should ask for your release if the police only needed to issue a 'notice of appearance' and not actually arrest you. The police can detain you beyond 24 hours only with permission of the Magistrate. They may seek 'police custody' or 'judicial custody'. Police custody can only last 15 days from the date of arrest. This means you will be kept inside the lock-up at the police station for a maximum of fourteen more days.
If the police have not been able to file the charge-sheet and depending on the crime you have been suspected of, you can be in judicial custody for up to 90 days for crimes that you could possibly go to prison for more than 10 years, and up to 60 days for all other kinds of offences.
You cannot be sent to jail for more than fourteen days at a time even in judicial custody. You will be brought before the Magistrate after each fourteen day period. After the 60 or 90 day period, you have a right to be released on bail.