Guidelines for TN cops for out-of-state probe

CHENNAI: The Tamil Nadu police issued guidelines for making arrests outside the State after Kerala high court’s contempt action based on a petition from a suspect who was arrested in Kerala alleging violation of Supreme Court guidelines.

“Sometimes, investigating officers do not follow the prescribed mandate while arresting someone beyond the borders of the State. Hence, the new guidelines,” a senior official clarified.

“As per section 48 of the Code of Criminal Procedure and section 45 of BNSS, a police officer may for the purpose of arresting without warrant any person whom he is authorized to arrest, pursue such person into any place in India,” the officer noted and added that the investigators should follow procedures while arresting a suspect outside the State.

When a police officer decides to arrest someone outside the State, he must seek prior permission from the superior officers in writing or on phone (in case of urgency) to go out of State for an investigation. After that, he has to set out the facts and record reasons in writing disclosing his subjective satisfaction for arrest.

Before leaving the State, the officer must make a comprehensive departure entry in the daily diary of his station. It should contain names of the police officials and private individuals accompanying him, vehicle number, purpose of visit, specific places to be visited and time and date of departure.

If the arrestee is a woman, a lady police officer must be part of the team. The officers should take their ID cards with them. All officers in the team should be in uniform, bear accurate, visible and clear ID, with the name tags and designations, says the circular.

Before visiting the other State, the Officer must try to establish contact with the local police station in whose jurisdiction he is to conduct the investigation. The officer must carry the translated copies of the complaint/FIR and other documents in the language of the State which he intends to visit.

After reaching the destination, he should inform the concerned police station, the purpose of his visit and seek assistance and co-operation of the local police. The concerned Station Head Officer (SHO) should provide all legal assistance to him. Entry to this effect must be made at the said police station.

After reaching the spot of investigation, search, if any, should be strictly conducted in compliance with the procedure laid down under Sections 100 CrPC and 103 BNSS. All endeavours should be made to have independent public witnesses from the neighbourhood.

In case of arrest, the police officer must follow the procedure under Sections 41B, and 50 and 50A of CrPC, and Sections 35, 36, 47 and 48 of BNSS. The process of arrest must be in compliance with the guidelines given by the SC.

The officer must record all the proceedings conducted at the spot and prepare an arrest memo, indicating time, date of arrest and name of the relation/friend to whom intimation of arrest has been given along with the reasons for arrest.

The officer must prepare a ‘Seizure Memo’ in front of witnesses if he had seized anything with regard to the case. The arrested person may be produced before the nearest Magistrate to secure a transit remand for taking him/her from the place where he is arrested to the place where the crime is registered, if required.

The officer shall place the facts of the case in a special report along with the case diary, a copy of the FIR, remand report and other related documents before the Magistrate and seek a transit remand, as per Article 22(2) of the Constitution.

On arrival at the jurisdictional police station, the officer must make an arrival entry in the record and indicate the investigation carried out by him, the person arrested and the articles recovered. He should also inform his senior police officers/SHO about it immediately.

The arrested person must be produced before the jurisdictional Magistrate at the earliest, in any case, not beyond 24 hours from the time of arrest excluding the journey time.

Medical examination of the accused can be conducted after arriving at the jurisdictional police station. But in exceptional cases if situations warrant, it would be expedient to conduct a medical examination at the place of arrest itself.

The fresh guidelines also note that the log book of the vehicle used for transportation must be maintained and signed. The police officer must indicate whether the vehicle was official or a private one, name of the driver and how and by whom it was arranged. Only official vehicles should be used for transportation as much as possible, it added.