A is proclaimed as an offender by the State Government. He is arrested by a police officer without a warrant. A challenge his arrest in the High Court by filing a writ of 'Habeas Corpus’ under Article 226… Is his arrest illegal?

Question: A is proclaimed as an offender by the State Government. He is arrested by a police officer without a warrant. A challenge his arrest in the High Court by filing a writ of 'Habeas Corpus’ under Article 226 of the Constitution of India, on the ground that his arrest is illegal as he has been arrested without a warrant. Is his arrest illegal? Give reasons.

Find the answer to the mains question only on Legal Bites. [A is proclaimed as an offender by the State Government. He is arrested by a police officer without a warrant. A challenge his arrest in the High Court by filing a writ of 'Habeas Corpus’ under Article 226… Is his arrest illegal?]

Answer

An arrest is the first step in the process of investigation and trial. Arrest of a person can be effected in two ways:  (i) under a warrant; or (ii) without a warrant.

According to section 41 (1)(c) of CrPC, a police officer can arrest a person who has been proclaimed as an offender either under CrPC or by order of the State Government.

The Supreme Court in Joginder Kumar v. State of Uttar Pradesh (1994) 4 SCC 260 had observed that no arrest can be made because it is lawful for the police officer to do so. The existence of the power to arrest is one thing. The justification for the exercise of it is quite another.

The police officer must be able to justify the arrest apart from his power to do so. Arrest and detention in police lock-up of a person can cause incalculable harm to the reputation and self-esteem of a person. No arrest can be made in a routine manner on a mere allegation of the commission of an offence made against a person.

It would be prudent for a police officer in the interest of protection of the constitutional rights of a citizen and perhaps in his own interest that no arrest should be made without a reasonable satisfaction reached after some investigation as to the genuineness and bona fides of a complaint and a reasonable belief both as to the person’s complicity and even so as to the need to effect an arrest.

Denying a person of his liberty is a serious matter.

Hence in this case A has been a proclaimed offender by the State government. Thus the arrest of A is justified in view of the abovementioned provision. His arrest is not illegal and the writ of Habeas Corpus filed by him in the High Court is not maintainable.

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