Arrest and detention in police lock up can cause incalculable harm to the
reputation and self-esteem of a person. Therefore, arrests should not be
made in a routine manner on mere allegation that a person has committed
an offence. If police officers do not wish to face legal or disciplinary action,
they should see that arrests are made only after reaching a reasonable
satisfaction about the complaint being true and the case being bonafide
[genuine]. Even then, the Court said that the officer making the arrest must
function under a reasonable belief both as to the person’s complicity in
committing the offence and the need to effect an arrest.
C. Directions by the Supreme Court
1.
2.
3.
Arrests are not to be made in a routine manner. The officer making
the arrest must be able to justify its necessity on the basis of some
preliminary investigation.
An arrested person should be allowed to inform a friend or relative
about the arrest and where s/he is being held. The arresting officer
must inform the arrested person when s/he is brought to the police
station of this right and is required to make an entry in the diary as to
who was informed.
It is the duty of the magistrate before whom the arrested person is
produced to satisfy her/himself that the above requirements have been
complied with.
Arrests should not be made, unless they are absolutely necessary and there
is no other way except arresting the accused to ensure her/his presence
before the criminal justice system or to prevent her/him from committing
more crimes or tampering with evidence or intimidating witnesses.
Unnecessary and unjustified arrests lead to harassment and loss of faith in
the system. They also account for 43.2 % expenditure in jails according to
the Third Report of the National Police Commission.
On the other hand, corruptly or maliciously detaining people without
recording an arrest is punishable by a maximum sentence of seven years.
Article 22 (1) of the Constitution lays down that no person who is arrested
shall be detained in custody without being informed, as soon as may be, of
the grounds of arrest nor shall s/he be denied the right to consult and be
defended by a legal practitioner of choice.
Manual on Human Rights for Police Officers
73