Assuming the inquiry involves the CBI or the Central Vigilance Commission, these rules must be followed for arresting public servants. Blaring of police sirens is a no-no.If the State police is arresting the collector, surely he ought to have prior information because he is the district magistrate and overseer of the district police. CVs have taken too many liberties. Collectors don't live in circuit houses which is for visiting politicians and bureaucrats. They don't drive around in jeeps. They have lal batti gaadis and minions at their beck and call -- havent seen a DM who does everything by himself.
Arrest of Public Servants in CBI Cases
12.4
Public servants should be placed under arrest only when it becomes necessary to do so in
the interest of investigation or to satisfy the requirements of law or to prevent the accused from
absconding or after a decision has been taken to launch a prosecution and necessary sanction for
it has been obtained. Investigating Officers should, wherever possible, obtain the concurrence of
the Superintendent of Police before making such arrests. A Superintendent of Police and
Investigating Officers should use utmost care and discretion in deciding to arrest and in making
such arrest. Undue publicity and embarrassment must be avoided.
12.5
In affecting the arrest of a public servant, especially on operational duty, proper steps
should be taken to see that the work of the Department is not unnecessarily dislocated. As far as
possible, timely information of intention to arrest the public servant may be conveyed to the
authority, to which such public servant is subordinate so that suitable alternative administrative
arrangements could be made. In case, the arrest cannot be postponed for any exceptional reason
and his immediate superior cannot be informed in advance, he should be informed soon after
making arrest of the public servant. A report will be sent to the Head Office detailing the reasons
for effecting arrest without giving prior information to the immediate superior Officer of the public
servant concerned.
12.6
The arrest of personnel of armed forces should be intimated to the nearest Commanding
Officer and his/her parent unit.
Arrest how made
12.7
As provided in Section 46 Cr.P.C., in making an arrest the Police Officer shall actually
touch or confine the body of the person to be arrested, unless there is submission to the custody
by word or action. If any person forcibly resists the endeavour to arrest him or attempts to evade
the arrest, all means necessary, including
reasonable force may be used. It must be remembered
while using reasonable force that the law does not give a right to the Police Officer to cause death
of a person who is not accused of an offence punishable with death or with imprisonment for life.
The use of handcuffs should be avoided as far as possible. In case, it is felt otherwise due to any
reason, the handcuffs may be used only in accordance with law mandated by the Hon'ble
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).
Person arrested to be informed of Grounds of Arrest and of the Right to Bail
12.8
Every Police Officer arresting any person without warrant shall forthwith communicate to
him full particulars of the offence for which he is arrested or other grounds for such arrest. If it is a
bailable offence, the person arrested should be informed that he is entitled to be released on bail
and that he may arrange sureties on his behalf (Section 50 Cr.P.C.). The individual may be
informed that he has a right to consult a legal practitioner of his choice. The individual may also be
told that he can have his medical examination done and if he requests to be examined by a
Doctor, the same be attended to as per Section 54 Cr.P.C.
12.9
The Hon'ble Supreme Court in D.K. Basu v. The State of West Bengal (AIR 1997, S.C.
610) has given directions to be followed scrupulously after the arrest of an accused person. Failure
to comply with the said directions shall render the concerned Police Officer liable for Departmental
action and he will also be liable to be punished for contempt of Court. All DSPE Officers arresting
an accused must therefore, follow these guidelines. The directions of the Supreme Court are as
follows:
(a) The Police Personnel carrying out the arrest and handling the interrogation of the
arrestee should bear accurate, visible and clear identification and name tags with
their designations. The particulars of all such Police Personnel who handle
interrogation of the arrestee must be recorded in a register.
(b) The Police Officer carrying out the arrest of the arrestee shall prepare a memo of
arrest at the time of arrest and such memo shall be attested by at least one witness,
who may either be a member of the family of the arrestee or a respectable person of
the locality from where the arrest is made. It shall also be countersigned by the
arrestee and shall contain the time and date of arrest.
(c) A person who has been arrested or detained and is being held in custody in a Police
station or interrogation centre or other lock-up, shall be entitled to have one friend or
relative or other person known to him or having interest in his welfare being informed,
as soon as practicable, that he has been arrested and is being detained at the
particular place, unless the attesting witness of the memo of arrest is himself such a
friend or a relative of the arrestee.
Page 2 of 9
(d) The time, place of arrest and venue of custody of an arrestee must be notified by the
Police where the next friend or relative of the arrestee lives outside the district or town
through the Legal Aid Organization in the District and the Police Station of the area
concerned telegraphically within a period of 8 to 12 hours after the arrest.
(e) The person arrested must be made aware of list of rights to have someone informed
of his arrest or detention as soon as he is put under arrest or is detained.
(f) An entry must be made in the diary at the place of detention regarding the arrest of
the person which shall also disclose the name of the next friend of the person who
has been informed of the arrest and the names and particulars of the Police officials
in whose custody the arrestee is.
(g) The arrestee should, where he so requests, be also examined at the time of his arrest
and major and minor injuries, if any present on his/her body, must be recorded at that
time. The "Inspection Memo" must be signed both by the arrestee and the Police
Officer affecting the arrest and its copy provided to the arrestee.
(h) The arrestee should be subjected to medical examination by every 48 hours during
his detention in custody by a doctor on the panel of approved Doctors appointed by
Director, Health Services of the State or Union Territory concerned. Director, Health
Services should prepare such a panel for all tehsils and districts as well.
(i) Copies of all the documents, including the memo of arrest, referred to above, should
be sent to the Illaqa Magistrate for his record.
(j) The arrestee may be permitted to meet his lawyer during interrogation, though not
throughout the interrogation.
(k) A Police control room should be provided at all District and State Headquarters,
where information regarding the arrest and the place of custody of the arrestee shall
be communicated by the Officer causing the arrest, within 12 hours of effecting the
arrest and at the Police control room it should be displayed on a conspicuous notice
board.
Anupamaa
Kyunki Saas Bhi Kabhi Bahu Thi 2
