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Report No. 268

A. Arrest

11.3 The Supreme Court has laid down several guidelines in various cases on arrest. In Arnesh Kumar267 the court has said that arrests should not be made as a matter of course. Although, it may be difficult to enforce the guidelines in every single case, in order to safeguard against the arbitrary exercise of power to arrest under s. 41 Cr.P.C., it is desirable that an addition be made to the effect that, reasons shall be recorded by the Investigating Officer prior to making the arrest in the Case Diary as well as the Daily Diary Register and shall also require written approval by the Officer in Charge of the Police Station. Further, the police officer must provide information as to what is the nature of offence and whether the offence is bailable or non-bailable.

11.4 Section 50, Cr.P.C. mandatorily requires the arresting authority to inform the arrestee of full particulars of the offence for which he is arrested or other grounds if any for such arrest. Such a mandatory provision cannot be meaningful unless the arrestee is informed of the above in writing, in the language he understands. Thus, it is recommended that s.50 Cr.P.C. be amended accordingly.

Amendments to Criminal Procedure Code, 1973 - Provisions relating to Bail Back

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