A, a police officer reasonably suspects that B is a deserter from the Army. In consequence of his reasonable suspicion, he arrests B without an order from a Magistrate and without a warrant. Is the arrest made by A legal?

Question: A, a police officer reasonably suspects that B is a deserter from the Army. In consequence of his reasonable suspicion, he arrests B without an order from a Magistrate and without a warrant. Is the arrest made by A legal?

Find the answer to the mains question only on Legal Bites. [A, a police officer reasonably suspects that B is a deserter from the Army. In consequence of his reasonable suspicion, he arrests B without an order from a Magistrate and without a warrant. Is the arrest made by A legal?]

Answer

The Provision of Arrest is given in Chapter V from section 41 to section 60 of the Code of Criminal Procedure, 1973.

Arrest means the restraining of the liberty of a person in order to compel obedience to the order of the court of justice or to prevent the commission of the crime or to ensure that a person charged or suspected of a crime may be forthcoming to answer it.

According to section 41 (1)(f) of CrPC, a police officer can arrest a person who is reasonably suspected of being a deserter from any of the Armed Forces of the Union.

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 view of the above provision of CrPC it can be said that A, a police officer can arrest B on the reasonable suspicion that B is a deserter from the army.

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