Report No. 177

Law Relating to Arrest

Contents
Chapter I	Introduction
	Introduction
Chapter II	The relevant provisions of the Constitution of India, International Declarations/Covenants on Human Rights and their interpretation by the Supreme Court of India
	The relevant provisions of the Constitution of India, International Declarations/Covenants on Human Rights and their interpretation by the Supreme Court of India
	In Bolling v. Sharpe, Warren, C.J. speaking for the U.S. Supreme Court observed:
	India ratified the 1966 Covenant on April 10, 1979
Chapter III	Relevant provisions of the Cr.P.C. and their interpretation by the courts
	Relevant provisions of the Cr.P.C. and their interpretation by the courts (1)
	Relevant provisions of the Cr.P.C. and their interpretation by the courts (2)
	Important decisions of the Supreme Court concerning Law relating to Arrest
	Again in para 21, at page 1033, it has been observed
	The Royal Commission in the above-said Report at page 46 also suggested
Chapter IV	Previous recommendations on the subject by Law Commission of India and other bodies
	Previous recommendations on the subject by Law Commission of India and other bodies
	The recommendations in the Third Report of the National Police Commission
	Relevant provisions of the Code of Criminal Procedure (Amendment) Bill, 1994, being Bill No.35 of 1994
	After section 50, a new section 50A in the following terms is sought to be inserted
	Section 12 of the Bill seeks to introduce a new section, section 54A which runs thus
Chapter V	The need for this study and the approach underlying it
	The need for this study and the approach underlying it
Chapter V	Proposals contained in the Consultation Paper and the responses received thereto
	Proposals contained in the Consultation Paper and the responses received thereto
	Response to the questions raised in the Consultation Paper (1)
	Response to the questions raised in the Consultation Paper (2)
Chapter VII	Section 41 of the Code of Criminal Procedure, 1973
	Section 41 of the Code of Criminal Procedure, 1973
	Clause (a) of sub-section (1) of section 41 speaks of arrests of four categories of persons, viz
	Proposals in the Consultation Paper
Chapter VIII	Implementing the decision in D.K. Basu
	Implementing the decision in D.K. Basu
Chapter IX	Plea bargaining and compounding of offences
	Plea bargaining and compounding of offences
	Section 320 Code of Criminal Procedure
Chapter X	Bail Reform
	Bail Reform
	The following observations too are relevant
Chapter XI	Certain recommendations for safety and well-being of detainee, amending section 172, separate investigating and prosecuting agency and the Code of Criminal Procedure (Amendment) Bill. 2002
	Certain recommendations for safety and well-being of detainee, amending section 172, separate investigating and prosecuting agency and the Code of Criminal Procedure Bill. 2002
Annexure I	The Code of Criminal Procedure (Amendment) Bill 2002
1.	Short title and commencemen
2.	Amendment of section 4
3.	Insertion of new sections 41A to 41
4.	Substitution of section 5
5.	Insertion of new section 55
6.	Insertion of new section 6
7.	Amendment of section 17
8.	Amendment of section 32
	(b) in sub-section (2), for the Table, the following Table shall be substituted, namely
9.	Amendment of section 43
10.	Insertion of new section 436
11.	Amendment of section 43
12.	Insertion of new section 440
13.	Amendment of section 44
Annexure II	Abstract of Information Furnished by the DGPs of Various States
	Abstract of Information Furnished by the DGPs of Various States
Annexure III	Consultation Paper on Law Relating to Arrest
Part I	Law of Arrest
	Practical aspects of sections 41 and 42, CrPC
	Wider powers of arrest under section 151, CrPC
	Large number of persons arrested under sections 107 to 110, CrP
	Constitutional protection
	Misuse of power of arrest
	Balancing of societal interests and protection of rights of the accused
	Guidelines laid down by the Supreme Court
	Again in para 21, at page 1033, it has been observed
	The ultimate directions given, contained in paras 26 to 29, read as follows
	Need for providing statutory safeguards to prevent abuse of power of arrest
	Empirical data collected on the relevant aspects of the law of arrest
	Uttar Pradesh
	Haryana
	Maharashtra
	Gujarat
	Andhra Pradesh
	Bihar
	Orissa
	Karnataka
	Kerala and Assam
	Delhi
	Himachal Pradesh
	Chandigarh
	Manipur
	Mizoram and Tripura
Part II	Broad Features Disclosed through The Data
Part III	Proposals to Amend The Code of Criminal Procedure, 1973
	General principles to be observed in the matter of arrest
	Merely on suspicion of complicity in an offence, no arrest to be made
	Statutorily incorporation of safeguards contained in D.K. Basu's case
	Representatives of registered NGOs to be entitled to visit police stations
	Necessity to increase compoundability of offences and incorporate the concept of plea bargaining
	No arrest should be made under sections 107 to 110, CrPC and under similar provisions
	Bail should be granted as a matter of course except in the serious offences and in certain circumstances
	No arrest or detention for questioning
	Ensuring the safety and well being of the detainee is the responsibility of the detaining authority
	Custody record to be maintained at every police station
	Tortious liability of State
	Strict compliance with section 172, CrPC called for
Annexure-I	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 warran
Annexure-II	Study of Arrests Sl.No
Annexure-III	List of Non-Cognizable and Bailable Offences Under Indian Penal Code Extracted From The First Schedule To The Criminal Procedure Code, 1973
Annexure-IV	List of Cognizable and Bailable Offences under Indian Penal Code
Annexure-V	List of Cognizable and Non-Bailable Offences with Punishment upto 7 Years Under Indian Penal Code
	List of Non-Cognizable And Non-Bailable Offences With Punishment of Imprisonment Upto 7 Years Under Indian Penal Code