Hyderabad: It may no longer be possible for the police to arrest people at will in future if the Centre decides to act on the suggestion of the Law Commission of India to amend the Code of Criminal Procedure.
Currently, Section 50 of the CrPC mandates the arresting authority to inform the person arrested orally while making the arrest.
The Law Commission held that this does not serve the purpose as there is no record of whether the arresting authority informed the person arrested about the offence for which he or she is being arrested.
The Commission in its 268th report submitted to the Centre said that such a mandatory provision cannot be meaningful unless the arrested person was informed of the reason for the arrest, in writing, in the language he or she understands.
The commission also recommended amendment to Section 41 of the CrPC which empowers a police officer to arrest a person without an order from a magistrate and without a warrant.
The Law Commission noted that it may be difficult to enforce the guidelines in each and every single case, but in order to provide safeguards against the arbitrary exercise of the power to arrest under Section 41 such measures were necessary.
The Commission suggested that an addition be made to the effect that the reasons for the arrest shall be recorded by the investigating officer prior to making the arrest in the case diary as well as the daily diary register and it shall also require written approval by the officer in charge of the police station
The commission recommended action against police officers and judicial magistrates who fail to follow the rules under Section 41 while making arrests and remanding the accused.
The Law Commission said that to enable the State or High Court to initiate proceedings against such police officers or judicial officers respectively, High Courts should amend the existing rules.
