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
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