oppn parties Arrests Are Not Mandatory Under Section 170 Of The CrPC

News Snippets

  • The home ministry has notified 50% constable-level jobs in BSF for direct recruitment for ex-Agniveers
  • Supreme Court said that if an accused or even a convict obtains a NOC from the concerned court with the rider that permission would be needed to go abroad, the government cannot obstruct renewal of their passport
  • Supreme Court said that criminal record and gravity of offence play a big part in bail decisions while quashing the bail of 5 habitual offenders
  • PM Modi visits Bengal, fails to holds a rally in Matua heartland of Nadia after dense fog prevents landing of his helicopter but addresses the crowd virtually from Kolkata aiprort
  • Government firm on sim-linking for web access to messaging apps, but may increase the auto logout time from 6 hours to 12-18 hours
  • Mizoram-New Delhi Rajdhani Express hits an elephant herd in Assam, killing seven elephants including four calves
  • Indian women take on Sri Lanka is the first match of the T20 series at Visakhapatnam today
  • U19 Asia Cup: India take on Pakistan today for the crown
  • In a surprisng move, the selectors dropped Shubman Gill from the T20 World Cup squad and made Axar Patel the vice-captain. Jitesh Sharma was also dropped to make way for Ishan Kishan as he was performing well and Rinku Singh earned a spot for his finishing abilities
  • Opposition parties, chiefly the Congress and TMC, say that changing the name of the rural employment guarantee scheme is an insult to the memory of Mahatma Gandhi
  • Commerce secreatary Rajesh Agarwal said that the latest data shows that exporters are diversifying
  • Finance Minister Nirmala Sitharaman said that if India were a 'dead economy' as claimed by opposition parties, India's rating would not have been upgraded
  • The Insurance Bill, to be tabled in Parliament, will give more teeth to the regulator and allow 100% FDI
  • Nitin Nabin took charge as the national working president of the BJP
  • Division in opposition ranks as J&K chief minister Omar Abdullah distances the INDIA bloc from vote chori and SIR pitch of the Congress
U19 World Cup - Pakistan thrash India by 192 runs ////// Shubman Gill dropped from T20 World Cup squad, Axar Patel replaces him as vice-captain
oppn parties
Arrests Are Not Mandatory Under Section 170 Of The CrPC

By Linus Garg
First publised on 2021-08-21 07:25:36

About the Author

Sunil Garodia Linus tackles things head-on. He takes sides in his analysis and it fits excellently with our editorial policy. No 'maybe's' and 'allegedly' for him, only things in black and white.

The Supreme Court has once again castigated the practice of the police making indiscriminate arrests without there actually being any pressing need for the action. It also came down heavily on criminal court judges who insisted that the accused be arrested and produced before them at the time of filing the chargesheet. Saying that arresting a person harms his or her reputation and lowers his self esteem, the court was of the opinion that arrests should only be made when there is no option left. It said that "merely because an arrest can be made because it is lawful does not mandate that the arrest must be made. A distinction must be made between the existence of the power to arrest and the justification for exercise of it".

The court was of the opinion that if the accused was cooperating with the investigation, attending summons, not threatening witnesses, not tampering with evidence and was not likely to abscond, the police should ideally not arrest him or her at a preliminary stage. The court reminded the police that it had issued comprehensive guidelines in 1994 on the necessity of arrests but it was not being followed. It lamented that even lower courts erroneously interpreted section 170 of the CrPC and demanded the arrest of the accused at the time of filing a chargesheet in a non-bailable and cognizable offence.

The court cited several high court cases to say that criminal courts cannot refuse to accept a chargesheet merely on the grounds that the accused has not been arrested and produced before the court. It said that it agreed with this view. The court opined that "the word custody appearing in Section 170 of the CrPC does not contemplate either police or judicial custody but it merely connotes the presentation of the accused by the investigating officer before the court while filing the chargesheet".

With the Supreme Court clearing the matter on Section 170 of the CrPC, criminal courts must now accept chargesheets merely on the production of the accused and must not issue warrants of arrest or demand arrest at that stage. The police need not arrest the accused and might just produce them before the court if he is cooperating in the investigation.