Part-Ii

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Law Commission Report

Part-Ii

Annexure III
LAW COMMISSION OF INDIA
CONSULTATION PAPER ON LAW RELATING TO ARREST
PART I
LAW OF ARREST
1.1 Chapter five of the Code of Criminal Procedure, 1973 deals with the arrest of persons.
Section 41 is the main section providing for situations when Police may arrest without
warrant. It reads as follows:
"41. When police may arrest without warrant.- (1) Any police officer may without
an order from a Magistrate and without a warrant, arrest any person-
1a) who has been concerned in any cognizable offence, or against whom a
reasonable complaint has been made or credible information has been received, or
a reasonable suspicion exists, of his having been so concerned; or
2b) who has in his possession without lawful excuse, the burden of proving which
excuse shall lie on such person, any implement of house-breaking; or
3c) who has been proclaimed as an offender either under this Code or by order of
the State Government; or
4d) in whose possession anything is found which may reasonably be suspected to
be stolen property and who may reasonably be suspected of having committed an
offence with reference to such thing; or
5e) who obstructs a police officer while in the execution of his duty, or who has
escaped, or attempts to escape, from lawful custody; or
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1f) who is reasonably suspected of being a deserter from any of the Armed Forces
of the Union; or
2g) who has been concerned in, or against whom a reasonable complaint has been
made, or credible information has been received, or a reasonable suspicion exists,
of his having been concerned in, any act committed at any place out of India
which, if committed in India, would have been punishable as an offence, and for
which he is, under any law relating to extradition, or otherwise, liable to be
apprehended or detained in custody in India; or
3h) who, being a released convict, commits a breach of any rule made under sub-
section (5) of section 356; or
4i) for whose arrest any requisition, whether written or oral, has been received
from another police officer, provided that the requisition specified the person to
be arrested and the offence or other cause for which the arrest is to be made and it
appears therefrom that the person might lawfully be arrested without a warrant by
the officer who issued the requisition.
2. Any officer in charge of a police station may, in like manner, arrest or cause to be arrested any person,
belonging to one or more of the categories of persons specified in section 109 or section 110."
1.2 Section 42 specifies yet another situation where a police officer can arrest a person.
According to this section if a person commits an offence in the presence of a police
officer or where he has been accused of committing a non-cognizable offence and refuses,
on demand being made by a police officer to give his name and residence or gives false
name or residence, such person may be arrested but such arrest shall be only for the
limited purpose of ascertaining his name and residence. After such ascertaining, he shall
be released on executing a bond with or without sureties, to appear before a magistrate if
so required. In case the name and residence of such person cannot be ascertained within
24 hours from the date of arrest or if
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such person fails to execute a bond as required, he shall be forwarded to the nearest
magistrate having jurisdiction.
1.3 Section 43 speaks of a situation where an arrest can be made by a private person and
the procedure to be followed on such arrest. Section 44 deals with arrest by a magistrate.
Section 45 protects the members of the Armed Forces from being arrested under sections
41 to 44. Section 46 sets out the manner in which the arrest should be made and section
47 enables the police officer to enter a place if he has reason to believe that the person to
be arrested has entered into that place or is within that place. Section 48 empowers the
police officers to persue the offenders into any place in India beyond their jurisdiction.
Section 49 however provides that "the person arrested shall not be subjected to more
restraint than is necessary to prevent his escape". Section 50 (which corresponds to clause
(1) of Article 22 of the Constitution) creates an obligation upon the police officer to
communicate to the person arrested full particulars of the offence for which he is arrested
or other grounds for such arrest forthwith. It also provides that where a person is arrested
for a bailable offence without a warrant, the police officer shall inform the person arrested
that he is entitled to be released on bail and that he may arrange for sureties on his behalf.
Section 51 provides for search of arrested person while section 52 empowers the police
officer to seize offensive weapons from the arrested person. Sections 53 and 54 provide
for medical examination of the arrested person at the request of the police officer or at the
request of the arrested person, as the case may be. Section 55 prescribes the procedure to
be followed when a police officer deputes his subordinate to arrest a person without
warrant. Section 56 (which corresponds to clause (2) of Article 22) of the Constitution,
provides that the person arrested shall not be kept in the custody of a police officer for a
longer period than is reasonable and that in any event such period shall not exceed 24
hours exclusive of the time necessary for the journey from the place of arrest to the
magistrate's court. Of course if the magistrate permits the police officer to keep such
person in his custody, he can do so beyond the period of 24 hours. Section 58 casts an
obligation upon the
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officers in charge of police station to report to the specified authorities of arrests made
without warrant within their jurisdiction and of the fact whether such persons have been
admitted to bail or not. Section 59 says that no person arrested by a police officer shall be
discharged except on his own bond or bail or under the special order of the magistrate.
Section 60, which is the last section in the chapter, empowers the person having the
lawful custody to pursue and retake the arrested person if he escapes or is rescued from
his custody.
1.4 Practical aspects of sections 41 and 42, CrPC.- A reading of the above provisions and,
in particular, of Sections 41 and 42 shows the width of the power of arrest vested in
police officers. Take for example, the ground in clause (b) of Section 41. It empowers a
police officer to arrest a person who is in possession of "any implement of house
breaking" and the burden is placed upon that person to satisfy that possession of such
implement is not without "lawful excuse". What does an "implement of house breaking"
mean? Any iron/steel rod or any implement used by way-side repairers of punctured tyres
can also be used for house breaking. Similarly, clause (d). Any person found in
possession of stolen property "and who may be reasonably suspected of having
committed an offence with reference to such thing." What a wide discretion? Why, take
clause (a) itself. The situations covered by it are: (i) a person who is "concerned in any
cognizable offence", (ii), a person against whom a reasonable complaint is made that he
is "concerned in a cognizable offence"; (iii) a person against whom "credible
information" is received showing that he is "concerned in any cognizable offence" and
(iv) a person who is reasonably suspected of being "concerned in any cognizable
offence". The generality of language and the consequent wide discretion vesting in police
officers is indeed enormous - and that has been the very source of abuse and misuse. The
qualifying words "reasonable", "credible" and "reasonably" in the Section mean nothing
in practice. They have become redundant; in effect.
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1.5 Wider powers of arrest under section 151, CrPC.- Added to these provisions are the
preventive provisions in the Code of Criminal Procedure which empower the police to
arrest persons. Section 151 empowers a police officer to arrest any person, without orders
from a Magistrate and without warrant, "if it appears to such officer" that such person is
designing to commit a cognizable offence and that the commission of offence cannot be
prevented otherwise. We do not think it necessary to emphasise the width of the power. It
may be true that the satisfaction of the police officer contemplated by the expression "if it
appears to such officer" is not subjective but is objective but in India, police officers
making a wrongful arrest whether under section 41 or 151, are seldom proceeded against
- much less punished. There are too many risks involved in doing so.
1.6 Large number of persons arrested under sections 107 to 110, CrPC.- There is yet
another category viz., sections 107 to 110 of the Code of Criminal Procedure. These
sections empower the Magistrate to call upon a person, in situations/circumstances stated
therein, to execute a bond to keep peace or to be on good behaviour. These provisions do
not empower a police officer to arrest such persons. Yet, the fact remains (a fact borne
out by the facts and figures referred to hereinafter) that large number of persons are
arrested under these provisions as well. And we are speaking of vast discretion not in a
civil service officer but in a member of armed force though technically speaking, it is also
a civil service.
1.7 Constitutional protection.- Clause (1) of Article 22 of the Constitution which is one of
the fundamental rights in Part III, declares that "no person who is arrested shall be
detained in custody without having informed, as soon as maybe, on the grounds for such
arrest nor shall he be denied the right to consult and to be defended by a legal practitioner
of his choice." Clause (2) of Article 22 says that every person arrested and detained in
custody shall be produced before the nearest magistrate within a period of 24 hours of
such arrest excluding of course the time necessary for the journey from the place of arrest
to the court of magistrate. The clause further
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declares that no such person shall be detained in custody beyond the said period without
the authority of a magistrate. Clause (3) of Article 22 however provides that clauses (1)
and (2) shall not apply to an enemy-alien or to a person who has been arrested under any
law providing for preventive detention.
1.8 Misuse of power of arrest.- Notwithstanding the safeguards contained in the Code of
Criminal Procedure and the Constitution referred to above, the fact remains that the
power of arrest is wrongly and illegally exercised in a large number of cases all over the
country. Very often this power is utilized to extort monies and other valuable property or
at the instance of an enemy of the person arrested. Even in case of civil disputes, this
power is being resorted to on the basis of a false allegation against a party to a civil
dispute at the instance of his opponent. The vast discretion given by the CrPC to arrest a
person even in the case of a bailable offence (not only where the bailable offence is
cognizable but also where it is non-cognizable) and the further power to make preventive
arrests (e.g. under section 151 of the CrPC and the several city police enactments), clothe
the police with extraordinary power which can easily be abused. Neither there is any in-
house mechanism in the police department to check such misuse or abuse nor does the
complaint of such misuse or abuse to higher police officers bear fruit except in some
exceptional cases. We must repeat that we are not dealing with the vast discretionary
powers of a mere civil service simpliciter, we are dealing with the vast discretionary
powers of the members of a service which is provided with firearms, which are becoming
more and more sophisticated with each passing day (which is technically called a civil
service for the purposes of Service Jurisprudence) and whose acts touch upon the liberty
and freedom of the citizens of this country and not merely their entitlements and
properties. This is a civil service which is being increasingly militarized, no doubt, to
meet the emerging exigencies.
1.9 Balancing of societal interests and protection of rights of the accused.- We are not
unaware that crime rate is going up in our country for various reasons which
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need not be recounted here. Terrorism, drugs and organized crime have become so acute
that special measures have become necessary to fight them not only at the national level
but also at the international level. We also take note of the fact that quite a number of
policemen risk their lives in discharge of their duties and that they are specially targeted
by the criminal and terrorist gangs. We recognize that in certain situations e.g., like the
one obtaining in Kashmir today, a literal compliance with several legal and constitutional
safeguards may not be practicable but we must also take note of and provide for the
generality of the situation all over the country and not be deflected by certain specific,
temporary situations. We must also take note of the fact that very often it is the poor who
suffer most at the hands of Police. Their poverty itself makes them suspects. This was
said, though from a different angle, by George Bernard Shaw. He said "poverty is crime".
But nowadays, even middle classes and other well-to-do people, who do not have access
to political power-wielders, also are becoming targets of Police excesses. We recognize
that ensuring a balance between societal interest in peace and protection of the rights of
the accused is a difficult one but it has to be done. We also recognize the fundamental
significance of the Human Rights, which are implicit in Part III of our Constitution and of
the necessity to preserve, protect and promote the Rule of Law which constitutes the
bedrock of our constitutional system.
1.10 Guidelines laid down by the Supreme Court.- The effort of the courts, and in
particular of the Supreme Court over the last more than two decades has been to
circumscribe the vast discretionary power vested by law in Police by imposing several
safeguards and to regulate it by laying down numerous guidelines and by subjecting the
said power to several conditionalities. The effort throughout has been to prevent its abuse
while leaving it free to discharge the functions entrusted to the Police. While it is not
necessary to refer to all of them for the purpose of this working paper, it would be
sufficient if we refer to a few of them (which indeed reaffirm and recapitulate the
directions and guidelines contained in earlier decisions). In Joginder Kumar v. State of
U.P. (AIR 1994 SC 1349), the power of arrest and its
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exercise has been dealt with at length. It would be appropriate to refer to certain
perceptive observations in the judgment:
"The horizon of human rights is expanding. At the same time, the crime rate is
also increasing. Of late, this court has been receiving complaints about violation
of human rights because of indiscriminate arrests. How are we to strike a balance
between the two?
A realistic approach should be made in this direction. The law of arrest is
one of balancing individual rights, liberties and privileges, on the one hand, and
individual duties, obligations and responsibilities on the other; of weighing and
balancing the rights, liberties and privileges of the single individual and those of
individuals collectively; of simply deciding what is wanted and where to put the
weight and the emphasis; of deciding which comes first - the criminal or society,
the law violator or the law abider; of meeting the challenge which Mr. Justice
Cardozo so forthrightly met when he wrestled with a similar task of balancing
individual rights against society's rights and wisely held that the exclusion rule
was bad law, that society came first, and that the criminal should not go free
because the constable blundered.
The quality of a nation's civilisation can be largely measured by the
methods it uses in the enforcement of criminal law."
This court in Smt. Nandini Satpathy v. P.L. Dani AIR 1978 SC 1025 at
page 1032, quoting Lewis Mayers, stated:
"To strike the balance between the needs of law enforcement on the one hand and
the protection of the citizen from oppression and injustice at the hands of the law-
enforcement machinery on the other is a perennial problem of statecraft." The
pendulum over the years has swung to the right.
Again in para 21, at page 1033, it has been observed:
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"We have earlier spoken of the conflicting claims requiring reconciliation.
Speaking pragmatically, there exists a rivalry between societal interest in effecting
crime detection and constitutional rights which accused individuals possess.
Emphasis may shift, depending on circumstances, in balancing these interests as
has been happening in America. Since Miranda ((1966) 334 US 436) there has
been retreat from stress on protection of the accused and gravitation towards
society's interest in convicting law-breakers. Currently, the trend in the American
jurisdiction according to legal journals is that 'respect for (constitutional)
principles is eroded when they leap their proper bounds to interfere with the
legitimate interests of society in enforcement of its laws.... (Couch v. United
States (1972) 409 US 322, 336). Our constitutional perspective has, therefore, to
be relative and cannot afford to be absolutist, especially when torture technology,
crime escalation and other social variables affect the application of principles in
producing humane justice."
The National Police Commission in its Third Report referring to the quality of
arrests by the Police in India mentioned power of arrest as one of the chief sources
of corruption in the police. The report suggested that, by and large, nearly 60% of
the arrests were either unnecessary or unjustified and that such unjustified police
action accounted for 43.2% of the expenditure of the jails. The said Commission
in its Third Report at page 31 observed thus:
"It is obvious that a major portion of the arrests were connected with very minor
prosecutions and cannot, therefore, be regarded as quite necessary from the point
of view of crime prevention. Continued detention in jail of the persons so arrested
has also meant avoidable expenditure on their maintenance. In the above period it
was estimated that 43.2 per cent of the expenditure in the connected jails was over
such prisoners only who in the ultimate analysis need not have been arrested at
all.".... (The figures given in the Report of the National Police Commission are
more than two decades old. Today, if anything, the position is worse.)
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The Royal Commission suggested restrictions on the power of arrest on
the basis of the 'necessity of principle'. The two main objectives of this principle
are that police can exercise powers only in those cases in which it was genuinely
necessary to enable them to execute their duty to prevent the Commission of
offences, to investigate crime. The Royal Commission was of the view that such
restrictions would diminish the use of arrest and produce more uniform use of
powers. The Royal Commission Report on Criminal Procedure - Sir Cyril Philips,
at page 45 said:
".... We recommend that detention upon arrest for an offence should continue
only on one or more of the following criteria;
1a) the person's unwillingness to identify himself so that a summons may be
served upon him;
2b) the need to prevent the continuation or repetition of that offence;
3c) the need to protect the arrested person himself or other persons or property;
4d) the need to secure or preserve evidence of or relating to that offence or to
obtain such evidence from the suspect by questioning him; and
5e) the likelihood of the person failing to appear at court to answer any charge
made against him."

The Royal Commission in the above-said Report at page 46 also
suggested:
"To help to reduce the use of arrest we would also propose the introduction here
of a scheme that is used in Ontario enabling a police officer to issue what is called
an 'appearance notice'. That procedure can be used to obtain attendance at the
police station without resorting to arrest provided a power to arrest exists, for
example to be finger-printed or to participate in an identification parade. It could
also be extended to attendance for interview at a time convenient both to the
suspect and to the police officer investigating the case...."
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In India, Third Report of the National Police Commission at page 32 also
suggested:
"...An arrest during the investigation of a cognizable case maybe considered
justified in one or other of the following circumstances:
11) The case involves a grave offence like murder, dacoity, robbery, rape etc., and
it is necessary to arrest the accused and bring his movements under restraint to
infuse confidence among the terror stricken victims.
22) The accused is likely to abscond and evade the processes of law.
33) The accused is given to violent behaviour and is likely to commit further
offences unless his movements are brought under restraint.
44) The accused is a habitual offender and unless kept in custody he is likely to
commit similar offences again.

It would be desirable to insist through departmental instructions that a police
officer making an arrest should also record in the case diary the reasons for
making the arrest, thereby clarifying his conformity to the specified guidelines...."
It would equally be relevant to quote para 24, which reads as follows:
"The above guidelines are merely the incidents of personal liberty guaranteed
under the Constitution of India. No arrest can be made because it is lawful for the
Police Officer to do so. The existence of the power to arrest is one thing. The
justification for the exercise of it is quite another. The Police Officer must be able
to justify the arrest apart from his power to do so. Arrest and detention in police
lock-up of a person can cause incalculable harm to the reputation and self-esteem
of a person. No arrest can be made in a routine manner on a mere allegation of
commission of an offence made against a person. It would be prudent for a Police
Officer in the interest of protection of the constitutional rights of a citizen and
perhaps in his own interest that no arrest should be made without a reasonable
satisfaction reached after some
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investigation as to the genuineness and bona fides of a complaint and a reasonable
belief both as to the person's complicity and even so as to the need to effect arrest.
Denying a person of his liberty is a serious matter. The recommendations of the
Police Commission merely reflect the constitutional concomitants of the
fundamental right to personal liberty and freedom. A person is not liable to arrest
merely on the suspicion of complicity in an offence. There must be some
reasonable justification in the opinion of the officer effecting the arrest that such
arrest is necessary and justified. Except in heinous offences, an arrest must be
avoided if a police officer issues notice to person to attend the Station House and
not to leave Station without permission would do."
The ultimate directions given, contained in paras 26 to 29, read as follows:
"These rights are inherent in Articles 21 and 22(1) of the Constitution and require
to be recognized and scrupulously protected. For effective enforcement of these
fundamental rights, we issue the following requirements:
11. An arrested person being held in custody is entitled, if he so requests to have
one friend relative or other person who is known to him or likely to take an
interest in his welfare told as far as is practicable that he has been arrested and
where he is being detained.
22. The Police Officer shall inform the arrested person when he is brought to the
police station of this right.
33. An entry shall be required to be made in the Diary as to who was informed of
the arrest. These protections from power must be held to flow from Articles 21
and 22(1) and enforced strictly.

It shall be the duty of the Magistrate, before whom the arrested person is
produced, to satisfy himself that these requirements have been complied with.
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The above requirements shall be followed in all cases of arrest till legal
provisions are made in this behalf. These requirements shall be in addition to the
rights of the arrested persons found in the various Police Manuals.
These requirements are not exhaustive. The Directors General of Police of
all the States in India shall issue necessary instructions requiring due observance
of these requirements. In addition, departmental instruction shall also be issued
that a police officer making an arrest should also record in the case diary, the
reasons for making the arrest."
1.10.1 The next decision which may be usefully referred to is D.K. Basu v. State of West
Bengal (AIR 1997 SC 610). It would be sufficient if we quote paras 36 to 40 which
contain the final directions issued in the said decision. They read as follows:
"We, therefore, consider it appropriate to issue the following requirements to be
followed in all cases of arrest or detention, till legal provisions are made in that
behalf, as preventive measures:
11. The police personnel carrying out the arrest and handling the interrogation of
the arrestee should bear accurate, visible and clear identification and name tags
with their designations. The particulars of all such police personnel who handle
interrogation of the arrestee must be recorded in a register.
22. That the police officer carrying out the arrest of the arrestee shall prepare a
memo of arrest at the time of arrest and such memo shall be attested by at least
one witness, who may be either 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.
33. A person who has been arrested or detained and is being held in custody in a
police station or interrogation center or other lock-up,
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1shall 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 a friend or a relative of the arrestee.
24. The time, place of arrest and venue of custody of an arrestee must be notified
by the police where the next friend or relative of the arrestee lives outside the
district or town through the Legal Aid Organisation in the District and the police
station of the area concerned telegraphically within a period of 8 to 12 hours after
the arrest.
35. The person arrested must be made aware of this right to have someone
informed of his arrest or detention as soon as he is put under arrest or is detained.
46. An entry must be made in the diary at the place of detention regarding the
arrest of the person which shall also disclose the name of the next friend of the
person who has been informed of the arrest and the names and particulars of the
police officials in whose custody the arrestee is.
57. The arrestee should, where he so requests, be also examined at the time of his
arrest and major and minor injuries, if any, present on his/her body, must be
recorded at that time. The "Inspection Memo" must be signed both by the arrestee
and the police officer effecting the arrest and its copy provided to the arrestee.
68. The arrestee should be subjected to medical examination by a trained doctor
every 48 hours during his detention in custody by a doctor on the panel of
approved doctors appointed by Director, Health Services of the concerned State or
Union Territory, Director, Health Services should prepare such a panel for all
Tehsils and Districts as well.
79. Copies of all the documents including the memo of arrest, referred to above,
should be sent to the Ilaqa Magistrate for his record.
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110. The arrestee may be permitted to meet his lawyer during interrogation,
though not throughout the interrogation.
211. A police control room should be provided at all district and State
headquarters, where information regarding the arrest and the place of custody of
the arrestee shall be communicated by the officer causing the arrest, within 12
hours of effecting the arrest and at the police control room it should be displayed
on a conspicuous police board.

Failure to comply with the requirements hereinabove mentioned shall
apart from rendering the concerned official liable for departmental action, also
render him liable to be punished for contempt of Court and the proceedings for
contempt of Court may be instituted in any High Court of the country, having
territorial jurisdiction over the matter.
The requirements, referred to above flow from Articles 21 and 22(1) of the
Constitution and need to be strictly followed. These would apply with equal force
to the other governmental agencies also to which a reference has been made
earlier.
These requirements are in addition to the constitutional and statutory
safeguards and do not detract from various other directions given by the Courts
from time to time in connection with the safeguarding of the rights and dignity of
the arrestee.
The requirements mentioned above shall be forwarded to the Director
General of Police and the Home Secretary of every State/Union Territory and it
shall be their obligation to circulate the same to every police station under their
charge and get the same notified at every police station at a conspicuous place. It
would also be useful and serve larger interest to broadcast the requirements on the
All India Radio besides being shown on the National Network of Doordarshan
and by publishing and distributing pamphlets in the local language containing
these requirements for information of the general public. Creating awareness
about the rights of the arrestee would in our opinion be a step in the right direction
to combat the evil of custodial crime
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and bring in transparency and accountability. It is hoped that these
requirements would help to curb, if not totally eliminate, the use of questionable
methods during interrogation and investigation leading to custodial commission of
crimes."
1.11 Need for providing statutory safeguards to prevent abuse of power of arrest.-
Notwithstanding the above decisions - 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 officers - 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.
1.12 Empirical data collected on the relevant aspects of the law of arrest.- But before we
could think of any specific measures in that behalf, we thought it necessary to obtain
empirical data on the relevant aspects of the law of arrest so that it can form the basis for
devising the measures to be recommended by us. Accordingly, the Law Commission
wrote a letter dated 20.7.1999 (Annexure-I to this working paper), addressed to the
Chairperson of the National Human Rights Commission stating that the Law Commission
proposes to examine exhaustively the law relating to arrest and to suggest to the
Government and the Parliament
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appropriate changes required in the aforementioned provisions and that to enable the Law
Commission to arrive at an appropriate conclusion, it must have relevant empirical data
from all over the country. Accordingly, we requested the NHRC, "to constitute a
committee of high police officials (retired or working) who shall select four districts in
the country as case study and find out the number of arrests made by the police in that
district in a given year without warrant, the number of arrests which were made without
registering the crime, the number of cases in which the person arrested was released
without filing a chargesheet and the length of his detention, the number of cases in which
chargesheets were filed and the number of cases in which the prosecution resulted in
conviction." It was further stated in the said letter that "it would also be necessary to
categorise the offences in connection with which the persons were arrested, the period of
the detention in police and in judicial custody, the time taken for concluding the
prosecution against them and if a person is kept in detention, the number of occasions on
which he was not produced before the court on the dates of hearing. It would help us if
any other relevant or incidental details or data which the committee may think relevant is
also made available to us." We stated that we would welcome any suggestions, ideas and
recommendations which such body may record on the subject keeping in view the
recommendations contained in the Police Commission Reports.
1.12.1We are happy to say that the Chairperson of the NHRC Shri Justice M.N.
Venkatachaliah, took immediate action on our letter and directed Shri D.R. Karthikeyan,
DG (Investigation) of the NHRC to address all the Director Generals of Police/Inspector
Generals of Police of all States in this regard. A large amount of material which was sent
by the various DGPs/IGPs of the various States, pursuant to the letter of Shri D.R.
Karthikeyan, has been communicated to us. We are indeed grateful to the NHRC for the
highly valuable information made available to us and for the promptitude with which
such information has been made available to us.
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1.13 Data furnished by various States.- A brief reference to the data furnished by the
various States would now be in order.
1.13.1 UTTAR PRADESH
According to the letter of Shri Hakim Singh, Headquarters, DGP (UP) dated 7.9.1999, the
relevant particulars for the State of UP for the year 1998 are to the following effect:
1(a) Total number of persons arrested (No. of persons 1,73,634
arrested under substantive offences)
1(b) Total number of persons who surrendered in 1,25,268
various courts (substantive offences)
2 Total number of persons arrested under 4,79,404
preventive provisions of law
3 Out of it, total number of persons charge- 7,48,440
sheeted (substantive preventive)
4 Total number of persons dropped/released without 29,124
filing chargesheet (substantive offences only)
15 How many persons ended in conviction - (Information not available).

6 Percentage of arrests made in relation to bailable 45.13%
offences
From the above figures it appears that while the total number of persons
arrested/surrendered is around three lakhs, the number of persons arrested under
"preventive provisions of law" is as high as 4,79,404. Obviously, the preventive
provisions mean the provisions like sections 151, 109 and 110 CrPC and similar other
provisions in local police enactments, if any. Another disturbing feature is the percentage
of arrests made in relation to bailable offences. It is as high as 45.13%.
18
1.13.2 HARYANA
In this State, Panchkula district was selected for study and data has been furnished in
respect of that district alone for the year 1998. According to the data furnished, the total
number of arrests during that year was 2,048. Out of this total number, 248 persons were
arrested in connection with crimes against persons, 232 for crimes against property, 160
for crimes against women, 218 in connection with accident cases, 89 for economic
offences like cheating and fraud, 223 in connection with other offences under IPC, 672
under the State Excise Act, 119 for electricity theft and four persons under the Arms Act.
The letter dated 3.4.2000 furnishes slightly different figures but that does not appear to be
very material. The number of arrests in bailable cases, according to this letter, is as high
as 94%.
It is evident that a substantial number of persons were arrested for excise offences.
The particulars of preventive arrests, if any, are not furnished nor the percentage of arrests
in bailable cases.
1.13.3 MAHARASHTRA
In this State, particulars have been furnished in respect of two districts, namely, Pune
rural district and Thane rural district. The particulars with respect to Pune rural district
are the following:
11. Total no. of persons arrested (no. of persons arrested under substantive offences) -
8943.
22. Total no. of persons arrested under preventive provisions of law - 4933.
33. Out of it, total no. of persons chargesheeted - 8836.
44. Total no. of persons dropped/released without filing chargesheet - 93. It does not
include persons arrested under preventive provisions of law.
55. Total no. of persons ended in conviction - 73.
19
16. Percentage of arrests made in relation to bailable offences - 72.90%.

The particulars with respect to Thane rural district are to the following effect:
1) Total no. of persons arrested 10,376
2) Total no. of persons arrested under preventive 7,566
provisions of law
3) Out of it, total no. Of persons chargesheeted 10,345
4) (A) Total no. of persons dropped/released 31
without filing chargesheets
(B) Total no. of persons dropped/released without --
filing chargesheets, who arrested under
preventive provisions
5) How many persons ended in conviction 394
6) Percentage of arrests made in relation to 67.73%
bailable offences (7028)
It may be noticed that in case of both the said districts, the number of preventive arrests
are unusually high. It is more than one-half of the number of arrests for substantial
offence in the case of Pune rural and two-thirds in the case of Thane rural. Then again the
arrests made in relation to bailable offences are something ununderstandable. It is 72.90
and 67.73 per cent, respectively. (We are not referring to the number of convictions
because we presume that the reference to number of convictions in that year may not be
relatable to the total number of chargesheets filed during that year).
1.13.4 GUJARAT
In this State, a committee of eight officials headed by Addl. DGP, CID (Crime), was
constituted to gather and supply the relevant information. Though the letter of the IGP,
Gujarat dated 14.10.1999 states that Ahmedabad rural district, a
20
crime prone district was selected for study, the particulars furnished through a subsequent
letter dated 24.2.2000 are with respect to the entire State of Gujarat. The total number of
accused arrested during the year (1998?) is 1,13,489 out of which the persons arrested for
causing hurt is 29,226, for rioting 12,823, for theft 8,364 and for house breaking by day
and night (put together) 3,147. 42,150 persons were arrested under what is called the
miscellaneous offences. The total number of persons arrested by way of preventive action
"i.e. under sections 107, 109, 110 of CrPC and sections 56, 57, 122 & 124 of Bombay
Police Act and under section 93 of the Prohibition Act" is a total of 1,89,722. In other
words, the preventive arrests are far higher in number than the arrests made for
committing substantive offences.
We must however refer to the letter of the Addl. DGP (CID) Crimes, GS Ahmedabad,
Shri G.C. Raizar, dated 8.10.1999 in as much as it contains certain useful information and
suggestions. Para 1 of the letter says that the power to arrest without warrant in
cognizable offences falling under parts 1 to 5 of the IPC should continue to be available
to police officers. Para 2 says that while the power of arrest is wide ranging, they have to
be exercised in such a manner as to avoid unnecessary harassment to the people. After the
judgment of the Supreme Court in D.K. Basu, it is said, the abuse of the said power has
drastically come down. Paras 3 & 4 state that the police should have the power to arrest
without warrant where the offence is committed in their presence and also where a large
quantity of stolen property, contraband goods or illicit weapons etc. are found in the
custody of a person. Para 5 says that the power of arrest without warrant should be
available to police only in important cases. Paras 6, 7 & 8 may be extracted in full having
regard to their relevance.
"6. As mentioned above, police should not have unlimited powers of arrest but at
the same time looking to the present social structure and ground realities, this may
cause dissatisfaction among the public especially in view of the following reasons:
21
1(a) If somebody commits an offence and police does not arrest him immediately,
people may have their own presumption about the police credibility with regard to
the effective working of the police force particularly, when the process of
obtaining a warrant is not so simple and easy. It is an undisputable fact that, under
the present system, obtaining of a warrant will take long time in most of the cases.
2(b) Except in very serious cases, the accused person should be arrested and
produced before the court only at the time of charge-sheeting the case in the Court
of Law, as is being done at present by the CBI and anti-corruption agencies. (?
sic.).
37. The Committee is of the view that more and more powers are being given to the
police under various social and economic laws including the power of arrest. This
should also be reviewed in the light of increasing allegations of misuse of power by
the law enforcement agencies.
48. It is also felt that the unlimited power of arrest given to the police under section
151 CrPC also needs to be reviewed."

The suggestions do merit consideration.
1.13.5 ANDHRA PRADESH
In the State of AP, the district of Medak was chosen as a test case for study in the State. The Committee
constituted for the purpose has made the following relevant observations while furnishing the relevant
statistics. They are:
11) Only in about 40% of the cases, charge-sheets are filed within the stipulated time
limit of ninety days. Frequently the IOs seek extension of judicial remand of the
accused. The IOs have to be educated in the need for expeditious completion of
investigation and filing of charge-sheets.
22
12) A number of accused granted bail by the courts have not been able to avail the
facility since they are unable to produce proper sureties. They continue to languish in
judicial remand. No legal aid is being provided to them.
23) "Though the number of arrests made without registering cases is of high
proportion (3746 out of 8889 of arrests, i.e. roughly 42.14%), as many as 3164 are
under preventive sections of law (108, 109, 110 and 151 CrPC). All these accused
either were bound over by a magistrate within the stipulated time or who were
released by the police agency itself. Hence, it is difficult to say that the power of arrest
is not exercised with circumspection."
34) The daily allowance provided for food etc. to the arrested persons is too meagre.
Even this amount is not being drawn regularly from the treasury.
45) In 30% of the cases (54 out of 172), the accused are not being produced before the
court for various reasons.
56) On several dates of hearing when the accused were produced before the court the
cases were adjourned, or the accused was not examined or the witnesses were not
examined for one or the other reason.
67) "With the present quantum of work load on various courts in the district, the trial
of cases is inordinately delayed (statistics in table 10). Increase in the number of
courts, enhancing the scope of compoundable offences and limit on the number of
adjournments could be the solution to the problem."
78) It would be appropriate if the courts hold their sittings in the jail premises itself
which would solve the problem of insufficiency of escort personnel. Such a measure
was experimented within Hyderabad city three years back with considerable amount
of success.
89) For serious crimes like dacoities, robberies, economic crimes and gender crimes
etc., special courts may be established to facilitate expeditious disposal of those
cases."

So far as the statistics go, they disclose that out of 8889 arrests, 1209 and 418 are
under sections 109 and 110/108, CrPC. As already stated, the number of arrests
23
made without registering the crime is 3746. In the IPC offences, the arrests for
rioting and hurt cases are the largest being 1052 and 1653 respectively. Arrests under
Gambling Acts and Excise and Prohibition Acts are 277 and 151 respectively.
The facts and figures furnished from this State disclose that a large number of
arrests were made without registering a crime (more than 42%) and that "preventive
arrests" are quite substantial. A special feature of this state is the inability of producing
the accused before the Court on the dates of hearing, which has led the police to suggest
the venue of trials to jails. The phenomenon of frequent adjournments when the accused
is produced and the witnesses are also ready, is also emphasized.
1.13.6 BIHAR
The particulars furnished by the DGP Bihar appears to pertain to the district of Muzaffarpur. The total
number of arrests during the year 1998 in the said district for substantive offences was 3,322. The arrests
under preventive provisions of law is stated to be 560. The percentage of arrests made in relation to bailable
offence is stated to be 34.66%. By a subsequent letter dated 30.5.2000, the DGP, Human Rights, Bihar has
furnished the particulars with respect to the entire State (?). According to this letter, the total number of
arrests is 2,38,613. The particulars of preventive arrests however have not been furnished. It is stated that
the percentage of arrests made in relation to bailable offence is 13.90%.
1.13.7 ORISSA
In this State, the district of Khurda was selected for the purpose of study. According to
the particulars furnished under the letter dated 15.1.2000, the total number of arrests for
substantive offences in the said district for the year 1997 was 4,616. 73 persons were
arrested under preventive provisions of law. The number of persons against whom
chargesheets have been filed is stated to be 2,299. By a letter dated 1.5.2000, the DIG of
Prisons, Orissa has furnished the following particulars
24
with respect to prisoners in the State of Orissa. The total number of prisoners as on
31.3.2000 is 10,765. The total number of undertrial prisoners as on the said date is 7,823.
It is also stated that pursuant to the directions of the Supreme Court with respect to
release of undertrial prisoners, 44,480 prisoners have been released on bail up to
30.11.1999.
In spite of release of a large number of accused (undertrial prisoners) pursuant to the
orders of the Supreme Court, the number of undertrial prisoners is as high as 3/4th of the
total number of prisoners. One can only imagine the position before the orders of the
Supreme Court.
1.13.8 KARNATAKA
Belgaum district was selected for the purpose of study as it is stated to be a crime-prone
district. The particulars furnished relate to the year 1998. The number of arrests made
during the said year without warrant is 10,368. The number of preventive arrests is 2,262.
The percentage of arrests made in relation to bailable offences is as high as 84.8%.
Towards the end of his letter, the DGP states that police is adhering to the provisions of
law strictly and that the enhanced awareness of their rights among the people, the
presence of social and service organisations and the spread of literacy has led the police
to obey the laws.
1.13.9 KERALA
According to the letter of the IGP, state Crime Records Bureau, the total number of
arrests under cognizable crimes under IPC and SLL is 1,64,035. The number of persons
arrested under preventive provisions is 5,884. The percentage of arrests made in relation
to bailable offences is 71%.
1.13.10 ASSAM
Jorhat district was selected for the purpose of study in this State. Among the IPC
offences, the largest number of arrests were made for the offence of theft. It is
25
239 out of a total of 1,351. The percentage of arrests for bailable offence is not
furnished.
1.13.11 DELHI
South-West district of Delhi was selected for the purpose of study by the Delhi Police. According to the
information furnished, the total number of persons arrested without warrant during a year is 6,869. A
majority of arrests appear to have been made for offences against property like robbery, burglary and theft.
The number of persons arrested for rioting is also substantial. According to another statement furnished, out
of 3,772 cases chargesheeted, 727 ended in conviction. In other words, as against 6,266 persons
chargesheeted, 988 were convicted. It is however not clear whether these particulars pertain to one year or
on what basis they were tabulated.
1.13.12 HIMACHAL PRADESH
Kangra district was selected for the purpose of study in the State. The total number of
arrests made during the year 1998 is stated to be 3,932. 1,237 arrests were made for petty
crimes. The arrests made for rioting (147, 148 and 149) is stated to be 686. The arrests
made under the Excise Act are as high as 904. The percentage of arrests made in relation
to bailable offences is 63.12%. According to another letter from the DGP, Shimla the
percentage of arrests made in relation to bailable offences for the entire State is 65%.
1.13.13 CHANDIGARH
In this Union Territory the preventive arrests are as many as 4,286 as against 2,215
persons arrested for substantive offences (1,856 under IPC and 359 under local and State
laws). The percentage of arrests made in relation to bailable offences is 47.35% in respect
of IPC offences and 87.18% under local and State laws.
1.13.14 MANIPUR
26
In this State, the district of Lunglei was selected for the purpose of study. Very elaborate
and individual case-wise particulars have been furnished for this State. From the
statements furnished it appears that most of the arrests made were under preventive
provisions or under local Acts.
1.13.15 MIZORAM
The percentage of arrests in bailable offences is 50% in this State.
1.13.16 TRIPURA
In this State also, the preventive arrests are very large compared to the arrests for
substantive offences.
A comprehensive statement of persons arrested for substantive offences and under
preventive provisions, number of persons chargesheeted, persons released without filing a
chargesheet, the number of persons convicted and the percentage of persons arrested in
bailable offences is separately furnished as Annexure-II.
27

PART II
BROAD FEATURES DISCLOSED THROUGH THE DATA
2.1 The particulars furnished by various States referred to in Part One disclose the
following broad features - (We are also offering our comments with respect to each
feature):
1. The number of "preventive arrests" is unusually large. Preventive arrests evidently
means arrests made under sections 107 to 110 and 151 CrPC and under local
Police enactments containing similar provisions.
While the break-up between arrests made under section 151 and sections 107 to 110 is
not given, we have to recognize that there is a qualitative difference between
them.
2. The percentage of arrests in bailable offences is unusually large ranging from 30% to
more than 80%.
The material furnished does not show in how many cases of arrest in bailable offences,
the accused were immediately released on bail by the Police and in how many
cases, they were detained in custody and if detained, for how long. Figures of
accused in bailable cases, who remained in custody/bail for their inability to
furnish the bail, are also not furnished. Only the State of A.P. refers to this aspect
without, of course, furnishing the number of accused so remaining in jails.
3. The percentage of undertrial prisoners in jails is unusually large.
The reasons for this may be the delays in concluding the trials in criminal courts, the
rigidity of the present law of bail and in some cases, the inability of the accused to
furnish bail. In this connection, a fact which has been brought to our notice by a
retired DGP relates to the casualness with which
28
the rights of the prisoners are being dealt with by the jail authorities as well as the
criminal courts. The Supreme Court directed in two cases 'Common Cause, A
Registered Society' v. UOI ((1996) 4 SCC 33) and 'Common Cause, A Registered
Society' v. UOI (1996 (6) SCC 775) that undertrial prisoners whose cases have
been pending beyond a particular period should be enlarged on bail or on personal
bond. These directions applied not only to cases pending on the dates of those
orders but were also effective prospectively. As and when the case of a particular
prisoner fell within one or the other direction given in those cases, he has to be
released. For this purpose, both the criminal courts and the jail authorities should
be vigilant and cooperate with each other. They must constantly monitor the facts
of each undertrial prisoner. But this is not being done either because jail
authorities do not furnish full and relevant particulars or because the court also
does not look into these matters. This may be an additional contributing factor.
4. Many of the undertrial prisoners who were granted bail are unable to avail of the said
facility because of their inability to furnish sureties or to comply with the
conditions for release.
This is a phenomenon which is digging the Indian jails since long number of years in
spite of a number of judgments of the Supreme Court.
5. The number of arrests for petty offences is substantial, if not more than the arrests
made for serious offences.
This is a serious problem which calls for our attention. It is probably this factor which
made the Police Commissions to observe that a large number of arrests are
unnecessary.
6. While there is no clarity about the percentage of convictions in the particulars
furnished by various States, it is clear beyond doubt that the percentage of
conviction is very low in many of the States.
This is a very grave problem in our country. In some States like U.P., no trial is allowed
to take place until one or more important witnesses are won
29
over. Until then, constant adjournments are asked for and the situation is such that the
Presiding Officers are not able to do anything to rectify this situation. A murder
trial hardly proceeds to trial on the date it is posted.
7. The said material fully bears out the statement made in the Third Report of the
National Police Commission to the fact that of the arrests made, 60% were either
unnecessary or unjustified and that such unjustified Police action accounted for
43.2% of the expenditure of the jails (referred to in Joginder Kumar v. State of
U.P.). And those are 20-year old figures. Position today cannot be better, if not
worse.
PART III
PROPOSALS TO AMEND THE CODE OF
CRIMINAL PROCEDURE, 1973
3.1 The Code of Criminal Procedure classifies the offences mentioned in the IPC into
four broad categories, namely, (1) bailable and non-cognizable offences; (2) bailable and
cognizable offences; (3) non-bailable-cognizable offences and (4) non-bailable-non-
cognizable offences (e.g., sections 466, 467 (first part), 476, 477 and 505 (first part) etc.)
(There is a fifth category of offences e.g., sections 116 to 120, where the cognizability
and bailability/non-bailability depends upon the nature of the main crime. This category
travels along with the main crime and will be dealt with accordingly.) In the light of the
recommendations of the Third Report of National Police Commission and the ratio and
the spirit underlying the decisions in Joginder Kumar and D.K. Basu and the decisions of
the Supreme Court on the significance of personal liberty guaranteed by Article 21, a
question arises whether would it not be advisable to amend the Criminal Procedure Code
providing that:
1(1) No person shall be arrested for offences which are at present treated as
bailable and non-cognizable; in other words, a court shall not issue an arrest
warrant in respect of these offences. Only a summons to be served through a court
process-server or by other means (but not
30
1through a policeman) may be issued. For this purpose, the very expression
"bailable" may have to be changed. The expression "bailable" implies an arrest
and an automatic bail by the police/court. There appears no reason to arrest a
person accused of what is now categorized as bailable- non-cognizable offences. It
is true that in case of non-cognizable offences, police cannot arrest without
warrant as would be evident from clause (a) of section 41 but there are other
clauses in section 41 which may empower this. For example, clause (b) provides
that any person found in possession of "any implement of house breaking" is
liable to be arrested unless he proves that there is lawful excuse for such
possession. Instead of calling/categorizing them as "bailable offences", they can
simply be categorized as non-cognizable offences and it must be expressly
provided that no arrest shall be made by the police in case of these offences and
no court shall issue an arrest warrant either. The court may issue a summons to be
served in the manner indicated above. Annexure-III to this consultation paper sets
out such offences, along with a description of the offences, for easy reference.
2(2) In respect of offences at present treated as bailable and cognizable
(mentioned in Annexure-IV), no arrest shall be made, but what may be called an
"appearance notice" be served upon the person directing him to appear at the
Police Station or before the magistrate as and when called upon to do so, unless
there are strong grounds to believe - which should be reduced into writing and
communicated to the higher Police officials as well as to the concerned magistrate
- that the accused is likely to disappear and that it would be very difficult to
apprehend him or that he is a habitual offender. (In case of the latter ground,
material in support of such ground shall be recorded.) Accordingly, the expression
"bailable" shall be omitted in respect of these offences and they should be termed
simply as cognizable
31
1offences. Section 41 may be amended appropriately to provide that in case of
these offences, no arrest shall be made except in the situation mentioned above.
Certain offences "excluded" from this annexure shall continue to be treated as
bailable-cognizable.
2(3) In respect of offences punishable with seven years imprisonment or less
which are mentioned in Annexure-V (from which annexure, offences punishable
under sections 124, 152, 216-A, 231, 233, 234, 237, 256, 257, 258, 260, 295 to
298, 403 to 408, 420, 466, 468, 477-A and 489-C, have been excluded) - and
which are at present treated by the Code of Criminal Procedure as non-bailable-
cognizable offences - should be treated as bailable-cognizable offences and dealt
with accordingly. So far the offences excluded from this category are concerned
(namely, offences punishable under section 124 and others mentioned above),

they shall continue to be treated as non-bailable-cognizable, as at present.
1(4) In respect of non-bailable-cognizable offences punishable with more than
seven years imprisonment, no change is proposed in the existing law.
2(5) So far as non-bailable-non-cognizable offences punishable up to seven years
are concerned, they are placed in the category of offences in Annexure-V, having
regard to the nature of offences, though they are treated by law as non-cognizable.

3.2 General principles to be observed in the matter of arrest.- The following general
principles shall be observed in the matter of arrest for offences (other than those offences
for which the punishment is life imprisonment or death but not offences where the
punishment can extend up to life imprisonment) shall be followed:-
32
Arrest shall be effected (a) where it is necessary to arrest the accused to bring his movements under restraint
to infuse confidence among the terror-stricken victims or where the accused is likely to abscond and evade
the process of law; (b) where the accused is given to violent behaviour and is likely to commit further
offences unless his movements are brought under restraint or the accused is a habitual offender and unless
kept in custody is likely to commit similar offences again; (c) where the arrest of the persons is necessary to
protect the arrested person himself; or (d) where such arrest is necessary to secure or preserve evidence of
or relating to the offence; or (e) where such arrest is necessary to obtain evidence from the person
concerned in an offence punishable with seven years or more, by questioning him.
In this connection, reference may be made to section 157 of Code of Criminal Procedure which says that
where a police officer proceeds to investigate the facts and circumstances of a case (on receiving
information about commission of an offence), he shall arrest the offender, only where it is "necessary". Sub-
section (1) of section 157, insofar as relevant reads as follows:
"(1) If, from information received or otherwise, an officer in charge of a police station has reason
to suspect the commission of an offence which he is empowered under section 156 to investigate,
he shall forthwith send a report of the same to a Magistrate empowered to take cognizance of such
offence upon a police report and shall proceed in person, or shall depute one of his subordinate
officers not being below such rank as the State Government may, by general or special order,
prescribe in this behalf, to proceed, to the spot, to investigate the facts and circumstances of the
case, and, if necessary, to take measures for the discovery and arrest of the offender...."
3.2.1 Merely on suspicion of complicity in an offence, no arrest to be made.- The law
must provide expressly, by amending section 41 and other relevant sections, if
33
any, that merely on the suspicion of complicity in an offence, no person should be
arrested. The Police Officer must be satisfied prima facie on the basis of the material
before him that such person is involved in a crime/offence, for which he can be arrested
without a warrant. In this connection, reference maybe made to the decision of the
European Court of Human Rights in Fox, Campbell and Hartley v. U.K. delivered on 30th
August, 1990 declaring that section 11 of Northern Ireland (Emergency Provisions) Act,
1978 is violative of Article 5(1) of the European Convention on Human Rights. The
section empowered a police officer to arrest a person if he is "suspected of being a
terrorist". The Court (by majority) held that mere suspicion, however bona fide held,
cannot be a ground for arrest. Pursuant to the decision, the aforesaid words were replaced
by the words "has been concerned in the commission, preparation or instigation of acts of
terrorism". This decision is in accord with the modern concept of human rights, which are
implicit in Part III of our Constitution.
3.3 Statutorily incorporation of safeguards contained in D.K. Basu's case.- It is equally
necessary to give legislative recognition to the safeguards contained in the decision of the
Supreme Court in D.K.Basu. The safeguards to be incorporated (being No.1 to 11) have
been set out hereinabove.
3.4 Representatives of registered NGOs to be entitled to visit police stations.- A common
complaint often heard in this connection is that quite often a person is detained in Police
custody without registering the crime and without making any record of such
detention/arrest. Persons are kept for number of days in such unlawful custody and quite
often subjected to ill-treatment and third-degree methods. To check this illegal practice,
there should be a specific provision in the Code of Criminal Procedure creating an
obligation upon the officer in-charge of the Police Station to permit representatives of
registered non-government organizations to visit the Police Station at any time of their
choice to check and ensure that no persons are kept in the Police Stations without keeping
a record of such arrest and to ensure
34
further that the provisions of the Constitution and the Code of Criminal Procedure are
being observed. For this purpose a procedure must be devised for registration of genuine
NGOs and a record must be kept of their representatives.
3.5 Necessity to increase compoundability of offences and incorporate the concept of plea
bargaining.- It is equally necessary to increase the number of compoundable offences. It
must be remembered that quite a few offences in the IPC are essentially of civil nature.
There must be a massive de-criminalisation of law. The concept of plea bargaining, which
has been recommended in the 154th Report of the Law Commission (on Code of Criminal
Procedure), should be incorporated in the Code. Indeed, early steps need to be taken upon
the said Report.
3.6 No arrest should be made under sections 107 to 110, CrPC and under similar
provisions.- So far as proceedings under sections 107 to 110 CrPC are concerned, no
arrests should be made. Police must be empowered to take if necessary a personal interim
bond to keep peace/for good behaviour from such persons. This should be extended to all
similar offences under the local Police Acts. We are not proposing for the present any
change in section 151 of Code of Criminal Procedure.
3.7 Bail should be granted as a matter of course except in the serious offences and in
certain circumstances.- In respect of all offences except the serious offences like murder,
dacoity, robbery, rape and offences against the State, the bailable provisions should be
made liberal and bail should be granted almost as a matter of course except where it is
apprehended that the accused may disappear and evade arrest or where it is necessary to
prevent him from committing further offences. The provisions in Cr.PC relating to grant
of bail may be amended suitably.
3.8 No arrest or detention for questioning.- It is also necessary to provide that no person
shall be arrested or detained by police merely for the purpose of questioning.
35
Such arrest or detention, it is obvious, amounts to unwarranted and unlawful interference
with the personal liberty guaranteed by Article 21 of the Constitution.
3.9 Ensuring the safety and well being of the detainee is the responsibility of the detaining
authority.- It should also be provided by law expressly that once a person is arrested, it is
the responsibility of the arresting and detaining authority to ensure the safety and well
being of the detainee. The recommendation of National Police Commission regarding
mandatory medical examination of the arrested person deserves implementation. In this
connection, the decision of A.P. High Court in Challa Ramkonda Reddy v. State of A.P.
(AIR 1989 AP 235) - which has recently affirmed by the Supreme Court in AIR 2000 SC
2083 - and the examples given therein, wherein the State would be liable for damages for
the negligent or indifferent conduct of police/jail authorities should be kept in mind. To
put briefly, take a case where a person is arrested for simple theft or simple rioting; he is a
heart patient; he is not allowed to take his medicines with him at the time of his arrest and
no medicines are provided to him in spite of his asking and he dies. Or a case, where such
a person (though carrying his medicines) suffers a heart attack and no reasonably prompt
steps are taken for providing medical aid to him by the concerned authorities and he dies.
It is obvious that had he not been arrested, his family and friends would have taken care
of him. Should he die for want of medical help, only because he has been arrested and
detained for a minor offence. It would be too big a punishment. In such cases, State
would be liable for damages.
3.10 Custody record to be maintained at every police station.- The law should also
provide that every police station maintain a custody record (which shall be open to
inspection by members of Bar and the representatives of the registered NGOs interested
in Human Rights) containing the following particulars among others:
1a) name and address of the person arrested/detained;
36
1b) name, rank and badge number of the arresting officer and any accompanying
officers;
2c) the time and date of arrest and when was the person brought to police station;
3d) reasons/grounds on which arrest was effected;
4e) was any property recovered from or at the instance of the person
arrested/detained; and
5f) names of the persons (friends or relatives of the person arrested) who were
informed of the arrest.

It may be clarified that the safeguards mentioned above are in addition to those
required to be provided by the decision of the Supreme Court in D.K. Basu which must
be given legislative recognition by making necessary amendments.
3.11 Tortious liability of State.- Another aspect, which needs notice in this behalf is the
decision of the Supreme Court in Kasturlal v. State of U.P. (1965 SC 1039). In this case,
the gold recovered from the person arrested was kept in the Malkhana of the police
station but was misappropriated by the concerned police officer. The person arrested was
released but the gold could not be restored to him. When the person filed a suit for
recovery of the gold or its value, he was non-suited by the Supreme Court on the ground
that no suit lies in respect of tortious acts of government servants which are relatable to
sovereign powers of the State. This was so held relying upon Article 300 of the
Constitution which preserves the right and liability of the State to sue and be sued
obtaining prior to the commencement of the Constitution. Indeed, Article 300 says that
the said rule shall continue until a law is made by the Parliament or the State Legislature,
as the case may be, laying down the situations in which the State shall be liable for the
tortious acts of its servants and where it shall not be liable on the ground that that act was
done in exercise of the sovereign powers of State. The distinction between sovereign and
non-sovereign
37
functions also needs to be clarified in view of the conflict between the judgments of the
Supreme Court.
3.12 Strict compliance with section 172, CrPC called for.- Sub-section (1) of section 172
of the Code of Criminal Procedure requires that (1) "every police officer making an
investigation under this chapter shall day-by-day enter his proceedings in the
investigation in a diary setting forth the time at which the information reached him, the
time at which he began and closed his investigation, the place or places visited by him
and a statement of the circumstances ascertained through his investigation". Inasmuch as
such diary would also record and reflect the time, place and circumstances of arrest, it is
necessary that the provisions of this sub-section should be strictly complied with. In this
behalf, however, it would be relevant to notice the following observations of the Supreme
Court in Shamshul Kanwar v. State (AIR 1995 SC 1748) where the court pointed out the
vagueness prevailing in the country in the matter of maintaining the diary under section
172. The court referred, in the first instance, to the fact that in every State there are Police
Regulations/Police Standing Orders prescribing the manner in which such diaries are to
be maintained and that there is no uniformity among them. The court pointed out that in
some States like Uttar Pradesh, the diary under section 172 is known as 'special diary' or
'case diary' and in some other States like Andhra Pradesh and Tamilnadu, it is known as
'case diary'. The basis for distinction between 'special diary' and 'case diary', the court
pointed out, may owe its origin to the words "police diary or otherwise" occurring in
section 162 CrPC. The court also pointed out that the use of expression "case diary" in
A.P. Regulations and in the Regulations of some other States like J&K and Kerala may
indicate that it is something different than a "general diary". In some other States there
appear to be Police Standing Orders directing that the diary under section 172 be
maintained in two parts, first part relating to steps taken during the course of investigation
by the police officer with particular reference to time at which police received the
information and the further steps taken during the investigation and the second part
containing statement of circumstances
38
v. (1979 Cr.L.J. 1477)). Such an amendment would also go to ensure that the time, place
and circumstances of the arrest of an accused are also properly recorded and reflected by
such record, which is indeed a statutory record. ascertained during the investigation which
obviously relate to statements recorded by the officer in terms of section 161 and other
relevant material gathered during the investigation. In view of this state of affairs, the
Supreme Court suggested a legislative change to rectify this confusion and vagueness in
the matter of maintainance of diary under section 172. It is therefore appropriate that
section 172 be amended appropriately indicating the manner in which the diary under
section 172 is to be maintained, its contents and the manner in which its contents are
communicated to the court and the superior officers, if any. The significance of the case
diary has in its relevance as a safeguard against unfairness of police investigation. (See
this decision of the Delhi High Court in Ashok Kumar State
3.13 We may conclude this consultation paper with the thought articulated by Shri Justice
M.N. Venkatachaliah, the then Chairperson of N.H.R.C. that "power to stop, search,
arrest and interrogate are exercised against a person who may turn out ultimately to be
innocent, law-abiding citizen. Arrest has a diminishing and demoralizing effect on his
personality. He is outraged, alienated and becomes hostile. But then a balance has to be
struck between the security of the State (and the societal interest in peace and law and
order) on one hand and the individual freedom on the other."
Your views on the aforesaid proposals are invited.

ANNEXURE-I
JUSTICE LAW COMMISSION OF INDIA
B. P. JEEVAN REDDY SHASTRI BHAWAN
39
Chairman, Law Commission of India NEW DELHI - 110 001
TEL : 3384475
Residence
1, JANPATH
NEW DELHI - 110 011
TEL. : 3019465
D.O.No. PPS/CLC(JR)/99 July 20, 1999
Dear Shri Justice Venkatachaliah,
Section 41 of the Code of Criminal Procedure, 1973 empowers any police officer to arrest
any person, without an order from a magistrate or without a warrant - "(a) who has been
concerned in any cognizable offence, or against whom a reasonable complaint has been
made, or credible information has been received, or a reasonable suspicion exists, of his
having been so concerned; or (b) who has in his possession without lawful excuse, the
burden of proving which excuse shall lie on such person, any implement of house-
breaking; or ... (d) in whose possession anything is found which may reasonably be
suspected to be stolen property and who may reasonably be suspected of having
committed an offence with reference to such thing. Sub-section (2) vests the power to
arrest any person specified in section 109 and 110 of the Code in any officer in-charge of
the police station. Section 46 prescribes the mode of arrest, while Section 47empowers
any police officer to search any place where he has reason to believe that any person to be
arrested has entered into, or is within that place. Section 50 of course creates an
obligation on police officer arresting a person without warrant to communicate to the
person forthwith full particulars of the offence for which he is arrested or other grounds
for such arrest. Section 51 empowers the police officer to search a person arrested.
Section 53 and 54 provide for examination of the accused by a medical practitioner at the
request of the police officer and at the request of the arrested person respectively. Section
56 and 57 (as well as section 50) which have been enacted to accord with the protection
provided by clause 1 of article 22 of the Constitution provide that the police officer
arresting a person without warrant shall produce him before a magistrate as soon as
possible, and without unnecessary delay, and that such period of arrest shall not exceed
24 hours exclusive of the time necessary for the journey from the place of arrest to the
magistrate's court. There are several other provisions of law both in the Code of Criminal
Procedure and several other enactments which empower the police officer to arrest a
person without a warrant.
40
2. The power to arrest a person without a warrant on reasonable suspicion or under the
belief that he is concerned in any cognizable offence is an awesome power vested in one
of the civil services - probably the only armed civil service in our polity. Inasmuch as this
power, vast as it is, is liable to misuse and has been very often misused, the Supreme
Court and the High Courts have, on several occasions, explained the true content and
spirit of the said provisions and have laid down the guidelines governing and regulating
the exercise of the said power. Even so, the misuse and abuse of the said power remains
practically unabated. Several instances have come to light where there has been a gross
misuse of the said power to the great detriment of the life and liberty of the citizens.
Indeed, a certain section of the public holds the view that this power requires to be
drastically curtailed. According to them the power to arrest should be restricted to major
crimes like murder, dacoity and to habitual offenders and that in all other cases the arrest
can be effected by the police only under a warrant of arrest issued by the court. There is,
of course, the other view that the rising crime rate makes it necessary to vest such
discretionary power in the police. These are all questions which we propose to examine
exhaustively and to suggest to the Government and the Parliament the appropriate
changes required in the aforesaid provisions and other like provisions in other
enactments. The law respecting bail shall also be a component of this study.
3. To enable us to arrive at a proper conclusion on the aforesaid question, we must have
empirical data collected by an expert body. In the course of discussions which I had with
you on Sunday, you had suggested that it would be possible for the Human Rights
Commission to constitute a committee of high police officials (retired or working), who
shall select four districts in the country as case studies and find out the number of arrests
made by the police in that district in a given year without warrant, the number of arrests
which were made without registering the crime, the number of cases in which the person
arrested was released without filing a charge-sheet and the length of his detention, the
number of cases in which charge-sheets were filed and the number of cases in which the
prosecution resulted in conviction. It would also be necessary to categorise the offences in
connection with which the persons were arrested, the period of the detention in police and
in judicial custody, the time taken for concluding the prosecution against them and if a
person is kept in detention, the number of occasions on which he was not produced before
the court on the dates of hearing. It would also help us if any other relevant and incidental
details and data, which the committee may think relevant, is also made available to us.
4. The Law Commission of India would be grateful if you can appoint an expert
committee and make data collected by them and findings recorded by them available to
us. We would also welcome any suggestions, ideas and recommendations which such
expert body may record on the above subject keeping in view the recommendations
contained in the Police Commission Reports.
41
With warm regards,
Yours sincerely,
Sd/-
(Justice B.P. Jeevan Reddy)
Shri Justice M.N. Venkatachaliah,
Chairperson,
National Human Rights Commission,
1st Floor, Sardar Patel Bhawan,
Parliament Street,
New Delhi
42

ANNEXURE-II
STUDY OF ARRESTS
Sl.No Name of Total No. Persons Persons Persons Persons % of Perarreun
. the State of person Arrested Charge- Dropped convicted persons per
arrested Under Sheeted Without arrested
under Preventive Chargesheet in
substantiv Provision bailable
e offences offences

1. Arunachal 744 185 545 38 06 59.47 20.
Pradesh
2. Uttar 173634 479404 748440 29124 390507 45.13 4.8
Pradesh 125268
Surrendered
in Court
3. Goa 2938 1383 4005 257 319 61.02 18.
4. Haryana 2048 483 1399 13 490 94 2.6
5. Mizoram 3942 246 2491 54 1683 55 21.
6. Pondicherry 3898 7348 3824 31 1457 50.8 .42
7. Nagaland 47 125 146 26 05 193 20.
(persons)
8. Delhi 57163 39824 78581 8904 34436 50 22.
9. Manipur 708 1145 15 534 2 cases Not 46.
cases Furnished
10. Kerala 164035 5884 157135 4582 35505 71 77.
11. Assam 1351 58 859 427 23 90 -
12. Karnataka 10368 2262 10353 15 2394 84.8 .66
13. Rajasthan 249084 26109 247469 69 NIL - .26
14. Tripura 6560 25499 6149 5183 4579 9.2 20.
15. Orissa 4616 733 2299 234 34 - 31.
16. Gujarat 297939 189722 480611 1710 117805 99.75 .90
17. West 49655 207625 32746 16820 1072 - 8.1
Bengal
43
18 Sikkim 755 23 510 NIL 296 113 -
.

19    Laksha-Dweep            06         NIL        06        NIL      NIL      66.6     -
.                                                                               7
20    Daman & Diu             569        111        350       14       336      89       12.
.
21    Bihar                   23861      -          21118     2215     12546    13.9     -
.                             3                     8         8                 0
 22   Chandigarh UT       2215    4286    6032    165    895     53.8   3.8
.                                                               1
23   Maharashtra         23675   18366   40583   1469   350     61     7.9
.
24   Andaman & Nicobar   2579    721     2471    17     1874    95.8   2.3
.                                                               1
25   Andhra Pradesh      24932   85850   25988   3920   13246   36.5   45.
.                        8               1       5              9
26   Madhya Pradesh      47628   35424   51865   1239   13937   89     3.5
.                        1       2       8       9      9
27   Himachal Pradesh    20172   6145    26225   417    2127    69     6.7
.
28   Dadar & Nagar Haveli NIL    NIL     NIL     NIL    NIL     NIL    NIL
.

44




                                                 ANNEXURE-III

LIST OF NON-COGNIZABLE AND BAILABLE OFFENCES UNDER INDIAN PENAL CODE EXTRACTED FROM THE FIRST SCHEDULE TO THE CRIMINAL PROCEDURE CODE, 1973 SECTION OFFENCE

137. Deserter concealed on board merchant vessel, through negligence of master or person in charge thereof.

154 Owner or occupier of land not giving information of riot, etc. 155 Person for whose benefit or on whose behalf a riot takes place not using all lawful means to prevent it.

156 Agent of owner or occupier for whose benefit a riot is committed not using all lawful means to prevent it.

166 Public servant disobeying a direction of the law with intent to cause injury to any person.

168 Public servant unlawfully engaging in trade.

169 Public servant unlawfully buying or bidding for property. 171E Bribery.

171F Undue influence at an election.

171G False statement in connection with an election.

171H Illegal payments in connection with elections.

171I Failure to keep election accounts.

172 Absconding to avoid service of summons or other proceeding from a public servant.

If summons or notice require attendance in person, etc., in a Court of Justice.

173 Preventing the service or the affixing of any summons of notice, or the removal of it when it has been affixed, or preventing a proclamation.

If summons etc., require attendance in person, etc, in a court of Justice.

174 Not obeying a legal order to attend at a certain place in person or by agent, or departing therefrom without authority.

If the order requires personal attendance, etc., in a Court of Justice. 175 Intentionally omitting to produce a document to a public servant by a person legally bound to produce or deliver such document.

If the document is required to be produced in or delivered to a Court of Justice.

176 Intentionally omitting to give notice or information to a public servant by a person legally bound to give such notice or information.

If the notice or information required respects the commission of an offence, etc. If the notice or information is required by an order passed under sub- section (1) of Section 356 of this Code.

177 Knowingly furnishing false information to a public servant.

If the information required respects the commission of an offence, etc. 178 Refusing oath when duly required to take oath by a public servant.

179. Being legally bound to state truth, and refusing to answer questions.

180. Refusing to sign a statement made to a public servant when legally required to do so.

181 Knowingly stating to a public servant, on oath as true that which is false. 182 Giving false information to a public servant in order to cause him to use his lawful power to the injury or annoyance of any person.

183 Resistance to the taking of property by the lawful authority of a public servant.

184 Obstructing sale of property offered for sale by authority of a public servant.

185 Bidding, by a person under a legal incapacity to purchase it, for property at a lawfully authorised sale, or bidding without intending to perform the obligation incurred thereby.

186 Obstructing public servant in discharge of his public functions.

187 Omission to assist public servant when bound by law to give such assistance.

Willfully neglecting to aid a public servant who demands aid in the execution of process, the prevention of offences, etc. 189 Threatening a public servant with injury to him or one in whom he is interested, to induce him to do or forbear to do any official act.

190 Threatening any person to induce him to refrain from making a legal application for protection from injury.

193 Giving or fabricating false evidence in a judicial proceeding.

Giving or fabricating false evidence in any other case. 197 Knowingly issuing or signing a false certificate relating to any fact of which such certificate is by law admissible in evidence.

198 Using as a true certificate one known to be false in a material point.

199 False statement made in any declaration which is by law receivable as evidence.

200 Using as true any such declaration known to be false.

201 Causing disappearance of evidence of an offence committed, or giving false information touching it to screen the offender, if punishable with imprisonment for life or imprisonment for 10 years.

If punishable with less than 10 years, imprisonment.

202 Intentional omission to give information of an offence by a person legally bound to inform.

203. Giving false information respecting an offence committed.

204 Secreting or destroying any document to prevent its production as evidence.

205. False personation for the purpose of any act or proceeding in a suit or criminal prosecution, or for becoming bail or security. 206 Fraudulent removal or concealment, etc., of property to prevent its seizure as a forfeiture, or in satisfaction of a fine under sentence, or in execution of a decree, 207 Claiming property without right, or practising deception touching any right to it, to prevent its being taken as a forfeiture, or in satisfaction of a fine under sentence, or in execution of a decree.

208. Fraudulently suffering a decree to pass for a sum not due, or suffering decree to be executed after it has been satisfied.

209 False claim in a court of justice.

210 Fraudulently obtaining a decree for a sum not due, or causing a decree to be executed after it has been satisfied.

211 False charge of offence made with intent to injure.

If offence charged be punishable with imprisonment for 7 years or upwards.

If offence charged be capital or punishable with imprisonment for life.

214 Offering gift or restoration of property in consideration of screening offender if the offence be capital.

If punishable with imprisonment for life or with imprisonment for 10 years.

If punishable with imprisonment for less than 10 years.

217 Public servant disobeying a direction of law with intent to save person from punishment, or property from forfeiture.

219 Public servant in a judicial proceeding corruptly making and pronouncing an order, report, verdict, or decision which he known to be contrary to law.

220 Commitment for trial or confinement by a person having authority, who knows that he is acting contrary to law.

223 Escape from confinement negligently suffered by a public servant.

225A Omission to apprehend, or sufferance of escape on part of public servant, in cases not otherwise, provided for:-

a. in case of international omission or sufferance; b. in case of negligent omission or sufferance. 228 International insult or interruption to a public servant sitting in any stage of a judicial proceeding.

264 Fraudulent use of false instrument for weighing.

265 Fraudulent use of false weight and measure. 266 Being in possession of false weights or measures for fraudulent use.

271 Knowingly disobeying any quarantine rule.

272 Adulterating food or drink intended for sale, so as to make the same noxious.

273 Selling any food or drink as food and drink, knowing the same to be noxious.

274 Adulterating any drug or medical preparation intended for sale so as to lessen its efficacy, or to change its operation, or to make it noxious.

275 Offering for sale or issuing from a dispensary any drug or medical preparation known to have been adulterated.

276 Knowingly selling or issuing from a dispensary any drug or medical preparation as a different drug or medical preparation.

278 Making atmosphere noxious to health.

287 Dealing with any machinery so as to endanger human life etc. 288 A person omitting to guard against probable danger to human life by the fall of any building over which he has a right entitling him to pull it down or repair it.

290 Committing a public nuisance.

294A Keeping a lottery office.

Publishing proposals relating to lotteries.

312 Causing miscarriage.

If the woman be quick with child.

323 Voluntarily causing hurt.

334 Voluntarily causing hurt on grave and sudden provocation, not intending to hurt any other than the person who gave the provocation.

352 Assault or use of criminal force otherwise than on grave provocation.

355 Assault or criminal force with intent to dishonour a person, otherwise than on grave and sudden provocation.

358 Assault or use of criminal force on grave and sudden provocation.

370 Buying or disposing of any person as a slave.

376 Intercourse by a man with his wife not being under twelve years of age.

376A Intercourse by a man with wife during separation.

417 Cheating.

418 Cheating a person whose interest the offender was bound, either by law or by legal contract, to protect.

421 Fraudulent removal or concealment of property, etc., to prevent distribution among creditors.

422 Fraudulently preventing from being made available for his creditors a debt or demand due to the offender.

423 Fraudulent execution of deed of transfer containing a false statement of consideration.

424 Fraudulent removal or concealment of property, of himself or any other person or assisting in the doing thereof, or dishonestly releasing any demand or claim to which he is entitled.

426 Mischief.

427 Mischief, and thereby causing damage to the amount of 50 rupees or Upwards.

434 Mischief by destroying or moving, etc., a landmark fixed by public authority.

465 Forgery.

474 Having possession of a document knowing it to be forged with intent to use it as a genuine;

If the document is one of the description mentioned in section 467 of the Indian Penal Code.

475 Counterfeiting a device or mark used for authenticating documents described in section 467 of the Indian Penal Code, or possessing counterfeit marked material.

482 Using a false property mark with intent to deceive or injure any person.

483 Counterfeiting a property mark used by another, with intent to cause damage or injury.

484 Counterfeiting a property mark used by a public servant, or any mark used by him to denote the manufacture, quality, etc., of any property.

485 Fraudulently making or having possession of any die, plate or other instrument for counterfeiting any public or private property mark.

486 Knowingly selling goods marked with a counterfeit property mark.

487 Fraudulently making a false mark upon any package or receptacle containing goods, with intent to cause it to be believed that it contains goods which it does not contain, etc. 488 Making use of any such false mark.

489 Removing, destroying or defacing property mark with intent to cause injury.

489E Making or using documents resembling currency-notes or bank-notes.

On refusal to disclose the name and address of the printer.

491 Being bound to attend on or supply the wants of a person who is helpless from youth, unsoundness of mind or disease, and voluntarily omitting to do so.

494 Marrying again during the lifetime of a husband or wife.

495 Same offence with concealment of the former marriage from the person with whom subsequent marriage is contracted.

496 A person with fraudulent intention going through the ceremony of being married, knowing that he is not thereby lawfully married.

497 Adultery.

498 Enticing or taking away or detaining with a criminal intent a married woman.

500 Defamation against the President or the Vice-President or the Governor of a State or Administrator of a Union Territory or a Minister in respect of his conduct in the discharge of his public functions when instituted upon a complaint, made by the Public Prosecutor.

Defamation in any other case.

501 (a) Printing or engraving matter knowing it to be defamatory against the President or the Vice President or the Governor of a State or Administrator of a Union Territory or a Minister in respect of his conduct in the discharge of his public functions when instituted upon a complaint made by the Public Prosecutor.

(b) Printing or engraving matter knowing it to be defamatory, in any other case.

502 (a) Sale of printed or engraved substance containing defamatory matter, knowing it to contain such matter against the President or the Vice President or the Governor of a State or Administrator of a Union territory or a Minister in respect of his conduct in the discharge of his public functions when instituted upon a complaint made by the Public Prosecutor.

b) Sale of printed or engraved substance containing defamatory matter, knowing it to contain such matter in any other case.

504 Insult intended to provoke breach of the peace.

506 Criminal intimidation.

If threat be to cause death or grievous hurt, etc. 507 Criminal intimidation by anonymous communication or having taken precaution to conceal whence the threat comes.

508 Act caused by inducing a person to believe that he will be rendered an object of Divine displeasure.

510 Appearing in a public place, etc., in a State of intoxication, and causing annoyance to any person.

The following Sections travel with the main offence:

S. 196 Annexure-IV LIST OF COGNIZABLE AND BAILABLE OFFENCES UNDER INDIAN PENAL CODE SECTION OFFENCE 129 Public servant negligently suffering prisoner of State or war in his custody to escape.

135 Abetment of the desertion of an officer, soldier, sailor or airman.

136 Harbouring such an officer, soldier, sailor or airman who has deserted.

138 Abetment of act of insubordination by an officer, soldier, sailor or airman, if the offence be committed in consequence.

140 Wearing the dress or carrying any token used by a soldier, sailor or airman with intent that it may be believed that he is such a soldier, sailor or airman (Excluded).

143 Being member of an unlawful assembly.

144 Joining an unlawful assembly armed with any deadly weapon.

145 Joining or continuing in an unlawful assembly, knowing that it has been commanded to disperse.

147 Rioting 148 Rioting, armed with a deadly weapon.

151 Knowingly joining or continuing in any assembly of five or more persons after it has been commanded to disperse.

153 Wantonly giving provocation with intent to cause riot, if rioting be committed. If not committed.

157 Harbouring persons hired for an unlawful assembly.

158 Being hired to take part in an unlawful assembly or riot.

Or to go armed.

160 Committing affray.

167 Public servant framing an incorrect document with intent to cause injury.

171 Wearing garb or carrying token used by public servant with fraudulent intent (Excluded).

171F Personation at an election.

188 Disobedience to an order lawfully promulgated by a public servant, if such disobedience causes obstruction, annoyance or injury to persons lawfully employed.

If such disobedience causes danger to human life, health or safety, etc..

212 Harbouring an offender, if the offence be capital.

If punishable with imprisonment for life or with imprisonment for 10 years.

If punishable with imprisonment for 1 year and not for 10 years.

213 Taking gift, etc., to screen an offender from punishment if the offence be capital.

If punishable with imprisonment for life or with imprisonment for 10 years.

If punishable with imprisonment for less than 10 years.

215 Taking gift to help to recover movable property of which a person has been deprived by an offence without causing apprehension of offender.

216 Harbouring an offender who has escaped from custody, or whose apprehension has been ordered, if the offence be capital.

If punishable with imprisonment for life or with imprisonment for 10 years.

If punishable with imprisonment for 1 year and not for 10 years.

218 Public servant framing an incorrect record or writing with intent to save person from punishment, or property from forfeiture.

221 Intentional omission to apprehend on the part of a public servant bound by law to apprehend an offender if the offence be punishable with imprisonment for life or for 10 years, if punishable with imprisonment for less than 10 years.

222 International omission to apprehend on the part of a public servant bound by law to apprehend person under sentence of a Court of Justice.

If under sentence of imprisonment for less than 10 years or lawfully committed to custody.

224 Resistance or obstruction by a person to his lawful apprehension (Excluded).

225 Resistance or obstruction to the lawful apprehension of any person, or rescuing him from lawful custody (Excluded).

225B Resistance or obstruction to lawful apprehension, or escape or rescue in cases not otherwise provided for (Excluded).

228A Disclosure of identity of the victim of certain offences, etc. Printing or publication of a proceeding without prior permission of court.

229 Personation of a juror or assessor.

259 Having possession of a counterfeit Government stamp.

261 Effacing any writing from a substance bearing a government stamp, or removing from a document a stamp used for it, with intent to cause a loss to Government.

262 Using a Government stamp known to have been before used.

263 Erasure of mark denoting that stamps have been used.

  263A            Fictitious stamps.

      269     Negligently doing any act known to be likely to spread infection of any disease
      dangerous to life.

      270    Malignantly doing any act known to be likely to spread infection of any disease
      dangerous to life.

      277         Defiling the water of a public spring or reservoir (Excluded).

      279        Driving or riding on a public way so rashly or negligently as to endanger human life,
      etc.

      280        Navigating any vessel so rashly or negligently as to endanger human life, etc.

      281      Exhibition of a false light, mark or buoy.

282 Conveying for hire any person by water, in a vessel in such a state, or so loaded, as to endanger his life.

283 Causing danger, obstruction or injury in any public way or line or navigation.

284 Dealing with any poisonous substance so as to endanger human life, etc. 285 Dealing with fire or any combustible matter so as to endanger human life, etc. 286 So dealing with any explosive substance.

289 A person omitting to take order with any animal in his possession, so as to guard against danger to human life, or of grievous hurt, from such animal.

291 Continuance of nuisance after injunction of discontinue.

292 Sale, etc., of obscene books, etc. 293 Sale, etc., of obscene objects to young persons. 294 Obscene songs.

304A Causing death by rash or negligent act.

309 Attempt to commit suicide.

317 Exposure of a child under 12 years of age by parent or person having care of it with intention of wholly abandoning it.

318 Concealment of birth by secret disposal of dead body.

324 Voluntarily causing hurt by dangerous weapons or means.

325 Voluntarily causing grievous hurt.

330 Voluntarily causing hurt to extort confession or information, or to compel restoration of property, etc. 332 Voluntarily causing hurt to deter public servant from his duty (Excluded).

335 Causing grievous hurt on grave and sudden provocation, not intending to hurt any other than the person who gave the provocation.

336 Doing any act which endangers human life or the personal safety of others.

337 Causing hurt by an act which endangers human life, etc. 338 Causing grievous hurt by an act which endangers human life, etc. 341 Wrongfully restraining any person.

342 Wrongfully confining any person.

343 Wrongfully confining for three or more days.

344 Wrongfully confining for 10 or more days.

345 Keeping any person in wrongful confinement, knowing that a writ has been issued for his liberation.

346 Wrongful confinement in secret (Excluded).

347 Wrongful confinement for the purpose of extorting property, or constraining to an illegal act, etc. (Excluded).

348 Wrongful confinement for the purpose of extorting confession or information, or of compelling restoration of property, etc. (Excluded). 353 Assault or use of criminal force to deter a public servant from discharge of his duty (Excluded).

354 Assault or use of criminal force to a woman with intent to outrage her modesty (Excluded).

356 Assault or criminal force in attempt to commit theft of property worn or carried by a person.

357 Assault or use of criminal force in attempt wrongfully to confine a person.

363 Kidnapping (Excluded).

374 Unlawful compulsory labour.

376B Intercourse by public servant with woman in custody (Excluded).

376C Intercourse by Superintendent of Jail, remand home, etc. (Excluded).

376D Intercourse by Manager etc., of a hospital with any woman in that hospital (Excluded).

385 Putting or attempting to put in fear of injury, in order to commit extortion.

388 Extortion by threat of accusation of an offence punishable with death, imprisonment for life, or imprisonment for 10 years.

If the offence threatened be an unnatural offence.

389 Putting a person in fear of accusation of an offence punishable with death, imprisonment for life, or imprisonment for 10 years in order to commit extortion (Excluded).

If the offence be an unnatural offence.

419 Cheating by personation.

428 Mischief by killing, poisoning, maiming or rendering useless any animal of the value of 10 rupees or upwards.

429 Mischief by killing poisoning, maiming or rendering useless any elephant, camel, horse, etc., whatever may be its value, or any other animal of the value of 50 rupees or upwards.

430 Mischief by causing diminution of supply of water for agricultural purposes, etc. 431 Mischief by injury to pubic road, bridge, navigable river, or navigable channel, and rendering it impassable or less safe for 47raveling or conveying property.

432 Mischief by causing inundation or obstruction to public drainage attended with damage. 433 Mischief by destroying or moving or rendering less useful a lighthouse or seamark, or by exhibiting false lights.

435 Mischief by fire or explosive substance with intent to cause damage to an amount of 100 rupees or upwards, or, in case of agricultural produce, 10 rupees or upwards.

440 Mischief committed after preparation made for causing death, or hurt, etc. 447 Criminal trespass.

448 House-trespass.

451 House-trespass in order to the commission of an offence punishable with imprisonment.

462 Being entrusted with any closed receptacle containing or supposed to contain any property, and fraudulently opening the same.

469 Forgery for the purpose of harming the reputation of any person or knowing that it is likely to be used for that purpose.

471 Using as genuine a forged document which is known to be forged.

When the forged document is a promissory note of the Central Government.

472 Making or counterfeiting a seal, plate etc., with intent to commit a forgery punishable under section 467 of the Indian Penal code, or possessing with like intent any such seal, plate, etc., knowing the same to be counterfeit.

473 Making or counterfeiting a seal, plate, etc., with intent to commit a forgery punishable otherwise than under section 467 of the Indian Penal Code, or possessing with like intent any such seal, plate, etc., knowing the same to be counterfeit.

474 Having possessing of a document, knowing it to be forged, with intent it to be forged, with intent to use it as a genuine; if the document is one of the descriptions mentioned in section 466 of the Indian Penal code.

509 Uttering any word or making any gesture intended to insult the modesty of a woman, etc. The following sections travel with the main offences:-

Sections, 109 to 114, 116, 117, 118 - 2nd Part, 119 - 1st Part, 120, 120-B, 149, 150, 201 (1st Part) - 221 - 1st Part, 511.

Annexure-V LIST OF COGNIZABLE AND NON-BAILABLE OFFENCES WITH PUNISHMENT UPTO 7 YEARS UNDER INDIAN PENAL CODE.

SECTION           OFFENCE


      124A        Sedition.

      126         Committing depredation on the territories of any power in alliance
                  or at peace with the Government of India.

      127         Receiving property taken by war or depredation mentioned in
                  sections 125 and 126.

      133         Abetment of an assault by an officer, soldier, sailor or airman on

his superior officer, when in the execution of his office.

134 Abetment of such assault, if the assault is committed.

153A Promoting enmity between classes.

Promoting enmity between classless in places of worship, etc. 153B Imputations, assertions prejudicial to national integration.

If committed in a place of public worship etc .

161 Being or expecting to be a public servant, and taking a gratification other than legal remuneration in respect of an official act.

162 Taking a gratification in order, by corrupt or illegal means, to influence a public servant.

163 Taking a gratification for the exercise of personal influence with a public servant.

164 Abetment by public servant of the offences defined in the last two preceding clauses with reference to himself.

165 Public servant obtaining any valuable thing, without consideration, from a person concerned in any proceeding or business transacted by such public servant.

165A Punishment for abetment of offence punishable under section 161 or section 165.

170 Personating a public servant.

222 International omission to apprehend on the part of a public servant bound by law to apprehend person under sentence of Court of Justice of if under sentence of imprisonment for 10 years or upwards.

225 Resistance or obstruction to the lawful apprehension of any person, or rescuing him from lawful custody.

If charged with an offence punishable with imprisonment for 10 years.

If charged with a capital offence.

If the person is sentenced to imprisonment for life, or imprisonment for 10 years, or upwards.

235 Possession of instrument or materials for the purpose of using the same for counterfeiting coin.

236 Abetting in India, the counterfeiting, out of India, of coin.

239 Having any counterfeit coin known to be such when it came into possession, and delivering, etc., the same to any person.

241 Knowingly delivering to another any counterfeit coin as genuine, which, when first possessed, the deliverer did not know to be counterfeit.

242 Possession of counterfeit coin by a person who knew it to be counterfeit when he became possessed thereof.

243 Possession of Indian coin by a person who knew it to be counterfeit when he became possessed thereof.

244. Person employed in a Mint causing coin to be of a different weight or composition form that fixed by law.

245 Unlawfully, taking from a Mint any coining instrument. 246 Fraudulently diminishing the weight or altering the composition of any coin.

247 Fraudulently diminishing the weight or altering the composition of Indian coin.

248 Altering appearance of any coin with intent that it shall pass as a coin of a different description.

249 Altering appearance of Indian coin with intent that it shall pass as a coin of a different description.

250 Delivery to another of coin possessed with the knowledge that it is altered.

252 Possession of altered coin by a person who knew it to be altered when he became possessed thereof.

Possession of Indian coin by a person who knew it to be altered when he became possessed thereof.

253 Possession of Indian coin by a person who knew it to be altered When he became possessed thereof.

254 Delivery to another of coin as genuine which, when first possessed, the deliverer did not know to be altered.

308 Attempt to commit culpable homicide.

If such act causes hurt to any person.

365 Kidnapping or abducting with intent secretly and wrongfully to confine a person.

368 Concealing or keeping in confinement a kidnapped person.

369 Kidnapping or abducting a child with intent to take property from the person or such child.

379 Theft.

380 Theft in a building, tent or vessel.

381 Theft by clerk or servant of property in possession of master or employer.

384 Extortion.

387 Putting or attempting to put a person in a fear of death or grievous hurt in order to commit extortion.

393 Attempt to commit robbery.

397 Robbery or dacoity, with attempt to cause death or grievous hurt. 398 Attempt to commit robbery or dacoity when armed with deadly weapon.

401 Belonging to a wandering gang of persons associated for the purpose of habitually committing thefts.

402 Being one of five or more persons assembled for the purpose of committing dacoity.

411 Dishonestly receiving stolen property knowing it to be stolen.

414 Assisting in concealment or disposal of stolen property, knowing it to be stolen.

451 House-trespass in order to the commission of an offence if it is offence of theft.

452 House-trespass, having made preparation for causing hurt, assault, etc. 453 Lurking house-trespass or house breaking.

454 Lurking house-trespass or house-breaking in order to the commission of an offence punishable with imprisonment.

456 Lurking house-trespass or house-breaking by night.

457 Lurking house-trespass or house-breaking by night in order to the commission of an offence punishable with imprisonment.

461 Dishonestly breaking open or unfastening any closed receptacle containing or supposed to contain property.

498A Punishment for subjecting a married woman to cruelty.

505 False statement, rumor, etc., circulated with intent to create enmity, hatred or ill-will between different classes.

False statement, rumor, etc., made in place of worship etc., with intent to create enmity, hatred or ill-will between different classes. The following sections travel with the main offences:

Sections 109,110,111,113,114,115 (Ist part), 116, 117, 118 (Ist Part), 120B (Ist Part), 149, 150 201 (2nd and 3rd Part), 221, 227, 511.

LIST OF NON-COGNIZABLE AND NON-BAILABLE OFFENCES WITH PUNISHMENT OF IMPRISONMENT UPTO 7 YEARS UNDER INDIAN PENAL CODE.

476 Counterfeiting a device or mark used for authenticating documents other than those described in section 467 of the Indian Penal Code or possessing counterfeit marked material.

498A Punishment for subjecting a married woman to cruelty (conditional).

505 False statement, rumour, etc., circulated with intent to cause mutiny or offence against the public peace.

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