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Report No. 154

Issue No. 2-Arrest

Views of Judges

Four judges have supported the proposal of the Law Commission, four are satisfied with the present position, and rest of them have not given the reply directly or are silent on the issue. However, one has not offered any comment. Twenty-four Judicial Officers/ District Judges agree with the proposal of the Law Commission of India. However, twelve judges have partly agreed saying that to authorise the issue of notice by the police to the person concerned would not be safe as there is no guarantee that police officer will not indulge in discrimination.

At the same time, there would be delay in case notice is issued for appearance of the concerned person before the police officer. Some have suggested to make the provision conditional on the basis of bailable and non-bailable offences. Three have offered no comment' on the issue and three are silent. The Institute of Judicial Training & Research (U.P) Lucknow has agreed as proposed by Law Commission of India.

Views of Advocates/Government pleaders/Bar Associations

Five advocates have supported the proposal of the Law Commission, but have suggested that the discretion of the Police Officer with regard to special reason for effecting immediate arrest needs to be preserved without any hindrance, and the other four/five advocates partly agreed on the issue and one disagreed. One advocate is silent on the point. The Madras Bar Association has also supported the issue.

Views of Police Officers

One police officer feels that the existing laws are adequate and amendment is not necessary in this regard whereas the other two feel that the power of arrest is the most abused power. It is necessary that we should re-categorise" all the offences into two groups "arrestable" and "non-arrestable". Presently arrests are resorted to even before the suspected person's version is ascertained and appreciated. In most cases, it has led to unwarranted and unjustified arrests. This safeguard should be built into the law.

Views of Academicians

Dr. K.N. Chandrasekharan Pillai has agreed to the suggestion, however, other academicians have not responded.

Views of State Law Commission

The Himachal Pradesh Law Commission agreed as proposed subject to further suggestion that the words which may reasonably be suspected 'to be' be added after the word 'person' and before the word 'any' in section 41(1)(b).

Views of State Governments

Only the Government of Gujarat has responded to this issue and it has supported the proposal.

The Code of Criminal Procedure, 1973 Back

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