3. The suspect requires to be prevented from destroying evidence or interfering with witnesses or warning other suspects who have not yet been arrested. 4. The suspect is a habitual offender who, unless arrested, is likely to commit similar or further offences. {3'J Report of National Police Commission} • Except in heinous offences, as mentioned above, an arrest must be avoided if a police officer issues notice to the person to attend the police station and not leave the station without permission, (see Joginder Kumar's case (1994) SCC 260. • The power to arrest must be avoided where the offences are bailable unless there is a strong apprehension of the suspect absconding. • Police officers carrying out an arrest or interrogation should bear clear identification and name tags with designations. The particulars of police personnel carrying out the arrest or interrogation should be recorded contemporaneously, in a register kept at the police station. ARREST • As a rule use of force should be avoided while effecting arrest. However, in case of forcible resistance to arrest, minimum force to overcome such resistance may be used. However, care must be taken to ensure that injuries to the person being arrested, visible or otherwise, is avoided. • The dignity of the person being arrested should be protected. Public display or parading of the person arrested should not be permitted of at any cost. • Searches of the person arrested must be done with due respect to the dignity of the person, without force or aggression and with care for the person's right to privacy. Searches of women should only be made by other women with strict regard to decency. (S.51 (2) Cr.PC.) • The use of handcuffs or leg chains should be avoided and if at all, it should be resorted *o strictly in accordance with the law repeatedly explained and mandated in judgment of the Supreme Court in Prem Shanker Shukla v, Delhi Administration [(1980) 3 SCC 526] and Citizen for Democracy v. State of Assam (1995) 3 SCC 743]. • As far as practicable women police officers should be associated where the person or persons being arrested are women. The arrest of women between sunset and sunrise should be avoided. • Where children or juveniles are sought to be arrested, no force or Manual on Human Rights for Police Officers 89

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