Synopsis of Arrest.Criminal Law. provisions Chapter-V of the CrPc1898 #arrest

#sec69Cr.P.C #55(1)Cr.P.C
#169Cr.P.C.
#PLD1974Lahore 256)
#ARREST
#54CrPc. #Ss.61,62,167,173&344CrPC
Rlevant provisions.Chapter-V of the Code of Criminal Procedure, 1898.Chap-26 of Police Rules, 1934
General principles
 Formal registration of a case is not a sine qua non for arrest of an accused
and/or for investigation of a cognizable case. (PLD 1974 Lahore 256)
 Law does not permit police to detain persons against whom they have
reasonable grounds to believe that they are criminally liable without
formally showing their arrest in police custody and the arrest showing the
same in police diary tantamount to illegal detention. (PLD 1996 Lahore
398)
 If the Police Officer takes action under sec. 54 of Criminal Procedure Code,
then the arrested person must be produced before a Magistrate within a
specified time. The Police Officer has no Jurisdiction to release after arrest
except by following the procedure laid down under Sec. 169 Cr.P.C. (PLD
1959 Lahore 665)
 A person arrested on the basis of cognizable case registered against him
cannot be re-arrested in another cognizable case registered against him
during the period of such detention. (NLR 1990 Cr.J 116)
 It does not mean that Police Officer at his own sweet will would arrest
anybody he likes although he can be peace loving citizen. (2005 YLR 915)
 Disregard of conditions laid down in sec.55(1) Cr.P.C. by the Police Officer
would make the arrest and detention illegal and the Police would be exposed
to prosecution (1998 P.Cr.L.J 1035)
 Detention of accused in police custody if challan not filed in terms of S.173,
Cr.P.C. Police Officer as per S.344, Cr.P.C. is duty bound to furnish
(7)
justification of detention of accused in custody if challan under S.173, Cr.P.C.
has not been filed and trial has not commenced, otherwise in absence of
report of a police officer or challan, detention of the accused would be
unjustified and against the provisions of law. (PLD 2002 SC 590)
 If an accused has been challaned and is facing trial before the Court and that
Court had remanded the accused to judicial custody for being produced on
the next date, the police cannot take away custody of that accused from the
Jail without taking permission from the Court/Judge who has remanded the
accused to judicial custody (1993 P.Cr.LJ 221)
 Recording of an F.I.R. do not mean that the S.H.O. or a police officer
deputed by him was obliged to investigate the case or to go through the
whole length of investigation of the case mentioned therein or that any
accused person nominated therein must be arrested. (PLD 2007 SC 539)
 A suspect is not to be arrested straightaway upon registration of an F.I.R. or
as a matter of course and, unless the situation on the grounds so warrants,
the arrest is to be deferred till such time that sufficient material or evidence
becomes available on the record. (PLD 2018 SC 595, PLD 2005 Lahore
470, 2009 P Cr.LJ 387 [Karachi]).
 Arrest by police--- Fake encounters condemned --Extra-judicial killing
carried out by the police is highly condemnable as it adversely affects faith in
the system and it not only violative of law but also a brutal and inhuman act
on the part of the police---Such incidents also tend to shake the legal
framework of the society which in turn loses its bust in the judicial system --
-Police can use reasonable force to arrest a criminal but killing of a person
after arrest is not only illegal but also highly inhuman---Such killings are
sometimes made for hidden motives and fake encounters are indulged into
to conceal the truth. (PLD 1997 Lahore 135)
(8)
 Criminal Procedure Code (Cr.P.C) Ss. 61, 62, 167, 173 & 344---Duties and
obligations cast upon police functionaries and Magistrates under Ss. 61, 62,
167, 173 & 344, Cr.P.C. highlighted of which they do not seem to have been
mindful which make the custody of the accused illegal --- Shortcomings in
this regard enumerated. (PLD 1996 Karachi 517)

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