POWERS OF THE POLICE, Section 54 CrPC, When Police arrest without a warrant, Section 167, Section 59-A. ADPP Exam, police and power to investigate

 POWERS OF THE POLICE:

Person arrested to be informed for grounds of arrest and of the right of bail-

 

1)         Every police officer or other person arresting any person without a warrant shall forthwith communicate to his full particulars of the offense for which he is arrested or other grounds for such arrest.

 

2)         Where a police arrests without warrant any person other than a person accused of a non-bailable offense he shall inform the person arrested that he is entitled to be released on bail and that he may arrange for sureties on his behalf.

 

The Hon'ble Court further added that

    An additional provision through the rules can be made for displaying the provision

afore-mentioned at the prominent places notice board in hold letters outside every

police station for creating public awareness

 

The relevant Section 54 is as follows: -

 

Section 54 of the Code of Criminal Procedure 1898 authorizes a police officer to arrest a person without an order or warrant from a Magistrate under nine situations mentioned in its nine Sub-clauses. The first sub-clause is relevant as follows: -

  Section 54 CrPC

When Police arrest without a warrant

 

            (1)            Any police officer may, without an order from a Magistrate and without a warrant, arrest. Firstly, any person who has been concerned in any cognizable offense 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.

 

It will there be seen that under the first Sub-clause of Section 54 (1) of Cr. PC a person can be arrested without a warrant in the following circumstances:

 

(a)       If he is concerned about any cognizable offense.

 

(b)       Against whom a reasonable complaint has been made.

 

(c)       Against whom credible information has been received that he is concerned without commission of the of such offense.

 

(d)       If reasonable suspicion exists about him being so concerned.

 

The above-mentioned Section conferred sufficient powers to a police officer, but such powers can be exercised only in those cases where a police officer is possessed of some evidence indicating the officer involvement of a person under the four situations mentioned in Section 54 (1) of Cr. PC. But in most cases, it is noticed that the police officer arrested the person without collecting any material connecting with the commission of the offenses.

Explanation:

 

Under the provisions contained in the Cr. PC that once a person concerned or suspected to have committed a cognizable offense is arrested by a police officer it is expected of him that he would complete the investigation without any loss of time and at least complete the investigation within 24 hours of his arrest as laid down in Section 61 of CrPC. Under Section 62 of CrPC. every public officer in charge of a police station is required to report to the concerned District Magistrate or if directed by him to the Sub-Divisional Magistrate about the arrest of a person without a warrant within their territorial limits. It is the responsibility of the concerned Magistrate to scrutinize the report of an arrest made by the police officer and find out if the action can be justified by law.

 

Section 167 of Cr. P.C authorizes the detention of any person by the police beyond 48 hours up to a maximum of 15 days subject to the orders of a Magistrate in cases where the police is unable to complete the investigation within 24 hours of the arrest. The provision of Section 167 Cr. P.C. is in the nature of an exception and also amounts to putting comply restriction on the right of personal liberty granted under the constitution has to be very strictly construed and unless all the requirements of the section complies a remand can not be granted. It will be noticed that the production of an accused person under the custody of a police officer along with entries made by them in the diaries requirement before a Magistrate is a mandatory requirement of law. The purpose behind the production of a person before the Magistrate for obtaining remand is that he can notify to the Magistrate if any excess has been committed against him by the police officer in violation of the was taken provision contained in Section 50 or 53 of CrPC. or any other illegal action was taken by police for the purpose of extorting confessions or any other act.

 

Law & Justice Commission of Pakistan examined the issue on the basis of complaints received from the public as follows: -

 

Police making arrests under Sections 54 and 55 of the Code does not give information to the family members of the persons arrested, therefore, they remain unaware of the whereabouts of the detainee.

 

The issue already has been examined by the Commission in its Report No. 17 and proposed some amendments in the CrPC.

 

For consideration of the issue, the Commission suggested inserting a new section 59-A in CrPC.

 

Insertion of a new Section 59-A, Act V of 1898. 

 In the Code of Criminal Procedure, 1898 (Act V of 1898), hereinafter referred to as the Code, after Section 59, the following new Section shall be inserted, namely:-

   Section 59-A.            

Right to have someone informed when arrested. 

(1). Where a person is held, in custody in a Police Station or other premises, he shall be entitled to have a friend or relative or other persons who are known to him or who are likely to take an interest, in his welfare, told by the Officer Incharge of Police Station about his arrest.

(2). A Police Officer not below the rank of Superintendent of Police may only authorize offense delay where he has reasonable grounds of believing that telling to the named person of the arrest shall-

(a). lead to interference with or harm to the evidence connected with a cognizable offense or interference with or physical injury to other persons; or

(b). lead to alerting of other person suspected of having committed such and but not yet arrested for it; or

(c). hinder the recovery of any property obtained as a result of such an offense

Under Section 167(4) of the CrPC:

 Magistrate while giving such order showed forward a copy of it to the Sessions Judge with a person for making such order.

 

The Commission recommended that Section 167(4) be amended so as to make the provision mandatory as follows: -

 

Amendment of Section 167

 

In the said code, in Section 167 in subsection (4) after the word shall the word forth with shall be inserted.

 

Instructions/Directions for compliance by the provincial governments

 

It is therefore recommended that the following instructions/directions for compliance by the provincial governments may be circulated: -

 

I. That the SHO is required to send on a daily basis a report to their judicial Ilaqa

Magistrates reflect the names and addresses of persons who although not

nominated in FIR have been detained in the exercise of power under Section 54 of

the CrPC.

 

II. All the judicial Ilaqa Magistrates are directed to obtain case reports on a daily

basis from the respective police station under this control the session judges are

also to be burdened because of their supervisory role and who may ensure implementation of this direction by the judicial Ilaqa Magistrate.

 

III. Before the Magistrate for obtaining remand is that he can notify the Magistrate if any excess has been committed against him by the Police in violation of provision contained in Sections 50 or 53, Criminal Procedure Code or any other illegal action taken by Police for the purpose of extorting confessions or any other act.

 

IV.  A Magistrate while hearing an application for grant of remand of an accused person performs judicial functions. The accused through his lawyer or a friend or relative is entitled to raise an, therefore, an objection to the passing of such orders. It is, therefore, necessary for a Magistrate to pass orders only in an open Court. A Magistrate is not expected to pass orders granting remand of accused persons in a mechanical manner. He has to examine very carefully the justification for depriving a citizen of his liberty, which can only be done if material justifying such action is available on record.

 

V.       In every case where a Magistrate grants remand to Police or judicial custody of an accused person under Section 167(1), Criminal Procedure Code, he is required by its Sub-section (4) to forward a copy of such order with his reasons to the Sessions Judge. A District Magistrate is to be informed of apprehensions of persons by Police in the exercise of their powers under Section 54, Criminal Procedure Code while a Sessions Judge has to be kept informed by Magistrates who allow remand of person for the purpose of investigation beyond a period of 24 hours. A Sessions Judge too like a District Magistrate as pointed out hereinabove is expected to keep vigilance on the exercise of such powers by the Magistrate.

 

VI.  In addition to the provision contained in Section 167, Criminal Procedure Code, High Courts in Pakistan have been issuing Circulars from time to time to safeguard the liberty of a citizen and enjoining the Magistrates to act with due caution so that the liberty of a citizen is not jeopardized.

 

Commissions deliberations

The Commission, after due deliberations, approved the proposal outlined above that administrative instructions/directions should be issued by the provincial governments to the police and the Chief Justices of the High Courts to the judicial officers to ensure that the liberty of citizens is protected and no person is detained or held in custody, in violation of the law.