Section 10 in Jammu and Kashmir Forest (Protection) Force Act, 2001
10. Power to arrest without warrant and procedure to be followed.
(1)Any Member of the Force not below the rank of Assistant Director, may without an order from a Magistrate and without warrant, arrest any person who(i)commits or attempts to commit a cognizable offence under the Jammu and Kashmir Forest Act, Samvat 1987 and the Jammu and Kashmir Wildlife (Protection) Act, 1978;(ii)voluntarily causes hurt to, or attempts voluntarily to cause hurt to, or wrongfully restrains or attempts wrongfully to restrain or assaults, threatens to assault, or uses or threatens or attempts to use, criminal force to him or any other member of the Force in the execution of his duty as such member, or with intent to prevent or to deter him from discharging his duty as such member, or in consequence of any thing done or attempted to be done by him, in the lawful discharge of his duty as such member; or(iii)has been concerned in, or against whom a reasonable suspicion exists of his having been concerned in, or who is found taking precautions to conceal his presence under circumstances which afford reason to believe that he is taking such precautions with a view to committing a cognizable offence which relates to forest property.(2)The arrestee shall be produced before the nearest Magistrate within a period of twenty-four hours of such arrest excluding the time necessary for the journey from the place of arrest to the Court of the Magistrate and he shall not be detained in custody beyond the said period without the authority of Magistrate.(3)Subject to the provisions of sub- section (2), any Member of the force making an arrest under this Act shall without unnecessary delay take the arrestee to the nearest Police Station with report of circumstances occasioning the arrest for his eventual custody in the police lock-up.(4)The Members of the Force carrying out the arrest should bear accurate, visible and clear identification and name tags with their designation.(5)The Member of the Force carrying out the arrest of the arrestee shall prepare a memo of arrest at the time of the 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.(6)A person who has been arrested or detained and is being held in custody in a police station 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 friend or relative of the arrestee.(7)The person arrested shall be made aware of his right to have someone informed of his arrest as soon as he is put under arrest.(8)Copies of all the documents including the memo of arrest, referred to above, shall be sent to the Magistrate for his record.(9)The provisions of the Code of Criminal Procedure Samvat, 1989, relating to arrests under that Code shall so far as may be, apply to arrests under this Act.
