Cops need to strictly follow arrest norms: Delhi HC

New Delhi: A dichotomy exists between standard guidelines on effecting arrest and their actual implementation by police on ground, according to a report of the Delhi high court registry.

Emphasising the contrasting situation, the report of high court registrar-general Dinesh Kumar Sharma emphasised the need to train and sensitise the police on proper implementation of standard procedures on arresting an accused in criminal cases. 

The report said a person can’t be arrested without a warrant, especially in family dispute cases, and this point is often overlooked, he said

The report was filed in pursuance of a direction of the bench comprising acting chief justice Gita Mittal and justice C. Hari Shankar in a case. The bench was hearing a plea alleging absence of norms relating to arrest and summoning of a person to a police station. 

Concerned over alleged harassment and threat of arrest by the police, the registrar-general held a meeting with stakeholders and found the norms on arrest were not being implemented properly.

“It is evident that guidelines regarding arrest and how police must proceed with its probe already exist. 

However, there appears to be a dichotomy between the said norms and the manner in which the true essence of the guidelines is required to be implemented,” the HC report said.

The judicial officer had laid stress on the modes of practice to be followed, while arresting someone by the police officers, who should issue a notice directing that the person, against whom a reasonable complaint has been made, to appear before them.

He said that issuance of a notice was in line with the right to life and liberty of the citizens and would help to bring down the number of arrests, which, in turn, would de-congest the crowded jails in the country. 

“Simultaneously, the innocent too can feel secure in case they stand any chance of exposure to implication in a fake case,” the 50-page report said.