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Friday, December 23, 2011

police arrest - private complaint - CRPC- Can an accused be arrested forthwith in cases of forwarded cases from the Magistrate court under section 156(3) of Crpc by the Police?


Circular from Kerala Police Director General-

There have been instances of improper investigation of cases registered under S.156 (3) of the Code of Criminal Procedure, 1973 reported from various parts of the State. The fact of registration can be used deliberately to manipulate a situation where by the accused are unnecessarily arrested. The investigation of such cases can be used to settle financial disputes, under coercion or the threat of arrest.
In this regard, the following instructions are issued for strict compliance:

1) In the event of a Magistrate directing the Police, under S.156 (3) Cr.P.C, to investigate a case, the Station House Officer concerned, shall forthwith register the case.
2) The Case should be investigated by an officer not below the rank of a Sub Inspector.
3) The arrest of the accused in such cases shall only be made after due investigation, and, after the Investigating Officer is fully convinced of the complicity of the accused in the crime and the need to arrest him. The need for the arrest shall be substantiated with reason in the Case Diary.
4) Prior information both in writing and personally over phone may be given to the immediate supervisory authority by the Investigating Officer, before proceeding with such arrest.
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