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This article examines a recent incident where the Punjab Police’s arrest of a politician, which initiated a conflict as the Delhi Police filed a kidnapping case against the Punjab Police team. The aftermath of this event has triggered a debate about police jurisdiction and inter-state police collaboration.
Inter-State Arrests: Understanding the Procedure
In specific situations, the police of one state are legally allowed to arrest an accused in another state, going against the general rule stated in Entry 2, List II of the Seventh Schedule of the Indian Constitution. This rule indicates that all matters related to the police should be overseen by the state government, suggesting that a criminal in one state should be arrested by that state’s police force.
On occasion, the police may arrest an individual from another state either through executing a warrant given by a competent court or without a warrant. In the latter case, the responsible state police must inform the local police about the arrest.
Inter-state Arrests: Legal Perspective
Section 79 of the Code of Criminal Procedure (CrPC) specifically outlines the procedures for inter-state arrests based on warrants issued by competent courts. However, the scope of the police to arrest an individual from another state without a warrant remains undefined. According to Section 48 of the CrPC, a police officer may pursue any person he is authorized to arrest into any place in India without a warrant.
Article 22(2) of the Constitution of India mandates that anyone arrested and detained in custody should be presented before the closest magistrate within 24 hours of the arrest, excluding the travel time from the place of arrest to the magistrate’s court.
Court Interpretation of the Law on Inter-State Arrests
In the 2019 ‘Sandeep Kumar vs The State (Govt. Of NCT Of Delhi)’ case, the Delhi High Court laid down some guidelines for inter-state arrests. A police officer should seek permission from his superior, either in writing or over the phone, before visiting another state to arrest a person. Also, the reasons for such action must be recorded in writing, and an attempt must be made to obtain an arrest warrant from the court first, unless in emergent cases.
The Road Ahead: Call for Police Reforms
The Supreme Court has acknowledged that political interferences have hindered fair investigations. The Second Administrative Commission further asserted that rising political interference is affecting police accountability, and politicians are exploiting the police force for personal or political gains. Therefore, the need for significant police reforms is urgent and necessary.
