Arrest guideline for Government employees (supreme court)

STANDING   ORDER    NO.    330/2008

GUIDELINES   FOR   ARREST

The  Hon’ble  Supreme  Court  of  India   in  the  matter  of Joginder Kumar  Vs   State  of UP  ( Crl. WP No. 9 of 1994 )  made  the  following  observations:-

1. 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.

2. No arrest can  be  made  in a routine  manner  on  a  mere  allegation of commission of an offence made against a person……… 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 arrest.

3. A person is not liable to arrest merely on the suspicion of complicity in an offence. There must be some reasonable justification in the opinion of the Officer effecting the arrest that such arrest is necessary and justified.