Changes in Arrest Procedure from 1/7/24
Changes in Arrest Procedure from 1/7/24
Background:
The arrest procedure in India is governed mainly by the Code of Criminal Procedure, 1973 (CrPC), along with constitutional safeguards under Article 21 (Right to Life and Personal Liberty). Over the years, courts have emphasized reforms to protect individual liberty and prevent arbitrary arrests.
Major Changes Effective from 1st July 2024:
These changes are typically introduced through amendments in CrPC or new government rules (assuming legislative amendments or policy updates as of this date). The changes emphasize greater protection of the arrested person’s rights and accountability of the police.
1. Mandatory Arrest Memo (Section 57A CrPC)
New Rule: Police must prepare an arrest memo immediately upon arrest.
The memo must contain:
Time and date of arrest
Place where the accused was found
Reasons for arrest
Details of witnesses present during the arrest
The arrested person and witnesses must be given a copy.
Purpose: To prevent illegal or secret arrests and ensure transparency.
2. Right to Legal Aid on Arrest
The arrested person must be informed of their right to free legal aid immediately.
Police must facilitate access to a legal aid lawyer if requested.
Reason: Strengthens the accused’s right to counsel from the moment of arrest.
3. Police to Inform Family / Close Relatives
Police must inform a close relative or friend about the arrest immediately.
This requirement applies to both undertrials and accused persons.
Purpose: Prevents custodial torture and enforced disappearances.
4. Police Station Visit by the Arrestee
The arrested person should be allowed a physical visit to the police station with their lawyer or relative within the first 24 hours.
This aims to ensure safety and prevent abuse.
5. Court Review of Arrests
Courts are mandated to review the legality of arrests on bail hearings.
Courts should emphasize non-custodial alternatives unless the offence is serious.
The presumption against arrest in minor offences has been strengthened.
6. No Arrest in Petty Offences
Arrest is generally prohibited in petty offences punishable with imprisonment up to 6 months unless necessary.
Police are encouraged to use summons or notice instead.
7. Medical Examination within 24 hours
Every arrested person must undergo a medical examination within 24 hours.
Medical reports must be attached to arrest records.
Aimed at preventing custodial violence.
Case Laws Supporting These Principles (Applicable and Evolving):
1. DK Basu v. State of West Bengal (1997)
Landmark judgment laying down detailed safeguards against illegal arrest and custodial torture.
Mandated arrest memo, informing relatives, and medical examination.
The new changes build upon these directives by making them statutory.
2. Joginder Kumar v. State of UP (1994)
The Supreme Court held that arrest cannot be automatic and must be justified.
Emphasized that arrest is a serious invasion of personal liberty and should be resorted to only when necessary.
This principle is reinforced in the 2024 changes emphasizing presumption against arrest.
3. Salem Advocate Bar Association v. Union of India (2005)
Reinforced that arrest should not be made merely on suspicion.
Courts should monitor and restrain abuse of arrest powers.
This has led to reforms restricting arrests in minor offences.
4. Hussainara Khatoon v. Home Secretary, State of Bihar (1979)
Recognized speedy trial and humane treatment of prisoners.
The recent changes on medical examination and legal aid directly relate to this humane treatment standard.
5. State of Haryana v. Bhajan Lal (1992)
The Supreme Court provided guidelines against misuse of arrest powers and preventive action.
The 2024 changes aim to curb arbitrary arrests and strengthen accountability.
Summary:
Change | Purpose | Related Principle / Case Law |
---|---|---|
Arrest Memo (Section 57A CrPC) | Transparency and record of arrest | DK Basu v. State of WB |
Right to Legal Aid at Arrest | Access to justice from arrest time | Hussainara Khatoon; Art 21 |
Informing Family | Prevent custodial abuse | DK Basu |
Visit to Police Station | Ensure safety, transparency | DK Basu |
Court Review & Bail Preference | Limit arbitrary arrests | Joginder Kumar; Salem Advocate Bar Association |
No Arrest in Petty Offences | Avoid unnecessary arrests | Joginder Kumar |
Medical Exam within 24 hours | Prevent torture | DK Basu; Hussainara Khatoon |
0 comments