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{"id":27208,"date":"2023-03-17T01:16:01","date_gmt":"2023-03-16T19:46:01","guid":{"rendered":"https:\/\/lawdiktat.com\/?p=27208"},"modified":"2023-03-23T23:04:24","modified_gmt":"2023-03-23T17:34:24","slug":"all-that-you-need-to-know-about-interstate-investigation-and-arrest-in-india","status":"publish","type":"post","link":"https:\/\/lawdiktat.com\/all-that-you-need-to-know-about-interstate-investigation-and-arrest-in-india\/","title":{"rendered":"All that you need to know about Interstate Investigation and Arrest in India"},"content":{"rendered":"

Introduction<\/h2>\n

Interstate arrest refers to the situation where officers from one state arrest a suspect or criminal in another state without the proper legal authority to do so. In the United States, the Fourth Amendment of the Constitution prohibits unreasonable searches and seizures, including arrests, by law enforcement officers. As such, police officers may only arrest or investigate a suspect within their own state’s borders, absent certain limited circumstances such as the pursuit of a fleeing felon.<\/p>\n

For example, if a criminal commits a crime in Delhi and is located in Delhi, only the Delhi Police officials have the authority to arrest the criminal, not police from other states. In order for a state’s police force to arrest a suspect in another state, they must work with the police department of that state to coordinate the arrest or obtain a warrant from a court in the state where the suspect is located.<\/p>\n

It is important for law enforcement officers to adhere to the proper legal procedures when making an arrest, including following jurisdictional limitations. Failure to do so could result in the suppression of evidence or other legal consequences.<\/p>\n

Arrest – Interstate Arrest – Authorization for Arrest<\/h2>\n

The term “arrest” is defined by Farlex legal dictionary as “the taking or keeping of a person in possession by legal authority, particularly in response to a criminal complaint.”<\/p>\n

However, when a person is detained by police from one state for a crime committed in another state, it is referred to as an “interstate arrest by police.” This type of investigation or arrest is generally considered unconstitutional unless authorized by law.<\/p>\n

Under Indian law, the police have the power to arrest or examine an accused who is within their state’s borders. This authority is granted to police officers, magistrates, or any other person authorized by law, including private individuals.<\/p>\n

According to section 41 of the Criminal Procedure Code of 1973, a police officer may arrest a person both with and without a warrant. Additionally, if a person who committed a non-cognizable offence refuses to reveal their name and address of residence, they can be arrested. Judges, whether executive or judiciary, may also arrest a person if a crime occurs in their sight within their local jurisdiction.<\/p>\n

It is important to note that the power of arrest must be exercised lawfully, and any arrest made outside of the legal framework can be challenged by the accused in court. The arrestee has the right to be informed of the grounds of arrest, the right to legal representation, and the right to be produced before a magistrate within 24 hours of arrest.<\/p>\n

Inter-State Arrest Guidelines<\/h2>\n

The police must obtain prior authorization or approval from higher or superior officials to leave their state or UT to conduct an investigation. This approval should be documented in writing or via phone communication. When making an arrest, the police officer must rely on factual evidence and provide written documentation of the reasons for the detention, demonstrating that it is necessary for the investigation. In situations where there is a risk of the accused escaping or implicating evidence disappearing, the police officer should seek authorization from the jurisdictional Judge to issue an arrest or court order. The reasons for travelling to another state without an arrest or court order should be documented.<\/p>\n

If the potential arrestee is a woman, a female officer must be included in the team. All officers in the team should be in uniform and wear identification with their precise, clear and readily visible designations. The police should also make an effort to obtain independent witnesses from the local community.<\/p>\n

Before being transported out of the state, the detained person should be given the opportunity to speak with their lawyer. The police should stop at a nearby police station on their way back to make a diary entry describing the details of the people and items confiscated during the investigation. Upon returning to their home state, the police team should also document their return.<\/p>\n

After presenting the arrested person before the magistrate within 24 hours, the police should attempt to obtain a travel remand, unless exigencies of the situation require otherwise.<\/p>\n

Judicial Precedents<\/h2>\n