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Report No. 177

1.11 Need for providing statutory safeguards to prevent abuse of power of arrest.-

Notwithstanding the above decision.- we may legitimately presume that the directions and guidelines contained were duly published by respective Directors General of Police of all the States and were brought to the notice of all the police officer.- the complaints of abuse of power of arrest still continue unabated. Several instances of such exercise have come to the notice of each of us and to the notice of all responsible persons of the society.

The Law Commission, therefore, thought that something more needs to be done to prevent the abuse and misuse of the power of arrest while at the same time not hurting the societal interest in peace and law and order. Indeed, both the decisions referred to above say expressly that the directions and guidelines issued/laid down therein are to be followed "till legal provisions are made in that behalf." It is, therefore, necessary to make appropriate legal provisions not only incorporating the said guidelines/directions but also making such changes in law as may be necessary to prevent abuse/misuse of the said power while at the same time ensuring that interest of the society in maintenance of peace and law and order is not jeopardized.

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