Police can’t arrest an accused simply to ask questions: Supreme Court

NEW DELHI: Noting that an apprehension can’t beryllium made simply due to the fact that it is lawful for the constabulary serviceman to bash so, SC connected Thursday held that an investigating bureau should not instrumentality an accused into custody for asking questions and the aforesaid should beryllium done lone erstwhile it is indispensable for the probe.Enumerating assorted sections of the recently enacted Bharatiya Nagarik Suraksha Sanhita, 2023, a seat of Justices M M Sundresh and N K Singh said a announcement nether Section 35(3) of the instrumentality to an accused oregon immoderate idiosyncratic concerned, qua offences punishable with imprisonment of up to 7 years, is the rule.“The powerfulness of apprehension nether Section 35(6) work with Section 35(1)(b) of the BNSS, 2023 indispensable beryllium interpreted arsenic a strict nonsubjective necessity, and not a subjective convenience for the constabulary officer.

It does not mean the constabulary serviceman tin apprehension to simply inquire questions,” the seat said.Arrest specified statutory discretion to facilitate investigation, says the apical courtSenior advocator Sidharth Luthra, who is assisting the tribunal arsenic amicus curiae, told the tribunal the request to contented a announcement nether Section 35(3) is implicit and cannot beryllium bypassed solely by signaling reasons for arrest.“Suffice it is to authorities that an probe tin spell connected adjacent without an arrest.

While undertaking the workout of collecting the grounds for the intent of forming his sentiment implicit the committee of a cognizable offence, a constabulary serviceman shall airs a question, to himself, connected the necessity of an arrest. This safeguard is provided as, successful immoderate case, the powerfulness to apprehension an accused idiosyncratic is ever disposable with a constabulary serviceman adjacent aft helium records his reasons, successful writing, for not doing truthful astatine an earlier stage,” the seat said.“On the ground of the mentation fixed by us, we reason arsenic follows: An apprehension by a constabulary serviceman is simply a specified statutory discretion which facilitates him to behaviour due investigation, successful the signifier of postulation of grounds and, therefore, shall not beryllium termed arsenic mandatory. Consequently, the constabulary serviceman shall inquire himself the question arsenic to whether an apprehension is simply a necessity oregon not, earlier undertaking the said exercise,” it said.“...Even if the circumstances warranting an apprehension of a idiosyncratic are disposable successful presumption of the conditions mentioned nether Section 35(1)(b) of the BNSS, 2023, the apprehension shall not beryllium undertaken, unless it’s perfectly warranted,” it said.