Legal Question in Criminal Law in India
Before arresting a person
What are the steps that should be taken legally by the police before arresting a person and putting him in jail?
2 Answers from Attorneys
Re: Before arresting a person
In case of a cognisable offence, police can arrest without a warrant. Normally, except registration of an offence, no steps are contemplated prior to such an arrest. In emergent cases, even registration of such an offence is not necessary.
Re: Before arresting a person
The person arrested is to be informed of the provisions/offence under which he/she is arrested and arrested person is to be asked the name of any person including his lawyer to whom such arrested person wants to be informed about his arrest. This direction of Hon'ble Supreme Court has to complied and so mentioned in the arrest memo. Then within 24 hrs of the arrest the arrested person is to be presented before the Magistrate for Magistrate to pass further directions about Police Custody or Judicial Custody as the case may be.
Bhushan Arya
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