Arrest Remand & Bail

One of the most important duties of a Police officer is to prevent the crime, and arrest the criminal. The Police officer can arrest a person who is suspect of committing an offence. It is important for a Police officer to be familiar with the legal requirements, and arrest the accused in accordance with the procedure. Once an arrest is made by a Police officer the same is reported to a magistrate having jurisdiction. This is mandatory because a Police officer can held responsible for misuse of authority by making arrest without justification or for not following the required procedure set out for arrest.

The Power to Arrest:

The term arrest has not been defined under Crpc, however a formal procedure of arrest is given under different laws. According to Article 10(2) of the constitution of Pakistan, every person who is arrested and detained in custody shall be produced before a magistrate within a period of 24 hours of such arrest. Power to arrest is the ultimate power of a Police officer in the process of investigation. In cognizable offences Police can arrest a person immediately, while in non-cognizable offences Police can arrest a person after collecting evidence. Chapter XVI of the Police Rules provides details bout the arrest, and the certificate of identification of an accused that is to be added in the case. Further Police officer can arrest in terrorism, public safety offences. Under the West Pakistan maintenance of public order government may order in writing for a police officer to arrest and detained a suspect for the public safety. Finally the police in Pakistan have wider powers to arrest and detained a person.

When to Arrest:

Arrest from crime scene:

Sec.47 of the Crpc also allows entry into, and search of any place where the individual to be arrested has entered; and Sec.49 allows the Police officer to break a door or window in order to enter into a house, but only in case when he tried to enter & his entry is refused. Where there is a women portion it is necessary to gives her time for evacuating the house. The investigation process of police is started once the police register an FIR under section 154 of the Crpc. An FIR can be lodge by anyone including a citizen, police officer or any other person. The police are then empowered under section 156 of the crpc to conduct an investigation. Investigation means collection of evidence by police officer, or by any other person authorized by him.

When to delay arrest:

If there are no chances of the escaping of accused then arrest can be delayed. Its procedure is given under police rules 26.2, and 26.9 that the police officer involves in the investigation of the crime requiring them not to unnecessary interfere with the liberty of the suspect until the investigation is sufficiently complete.

Process of making an arrest:

A police officer can arrest a person at any place in Pakistan. Sec.46 of the crpc states that an arrest requires that the police officer is to touch or confine the body of the accused to make an arrest. However force must be proportional and use as much force as is necessary. At the time of arrest the police officer can search the accused; if the accused is a woman then she is always searched by a woman.

Rights of arrested person:

As per Article 10(1) of the constitution of Pakistan, No person who is arrested shall be detained in custody without being informed, as soon as may be the grounds for such arrest, nor shall he be denied the right to consult, and be defended by a legal practitioner of his choice. It is a fundamental right given under the constitution of Pakistan, and under any circumstances this right can’t be infringed. However in case of habitual offender or vagabonds a Police officer can arrest such persons without a warrant. Whenever it is necessary to arrest a public servant, or any superior officer then the officer should be informed and taken into confidence prior the arrest.

Arrest of woman:

Arrest of a woman whether with a warrant or without a warrant shall be carried by a police officer not below the rank of ASI. This procedure is same for bailable and non-bailable offences. When bail is granted woman should not be detained in custody. In such cases no application for remand of woman shall be made unless with the approval of a PSP officer. Body search of a woman after arrest must be carried out by a lady police officer.

Arrest of a child:

The Juvenile Justice System act 2018 deals with the arrest of a child. The act requires that the child should not be handcuffed, unless there is a reasonable apprehension that the child might escape. Further the police officer must ensure that the child is more than 16th years of age, and is involved in a heinous crime previously convicted for life imprisonment. If this occurs the reason for the same must be recorded in writing. A police officer must only use minimum force when arresting a child. The guardian of the child must be informed of the arrest. No juvenile shall be arrested under preventive detention laws.

Arrest of foreigners:

According to Foreigner act 1946, a foreigner can be arrested & detained in custody for up to two months then subsequently be deported. Any period of detention longer than two months require an approval from board.? In Riaz vs Superintendent central jail, Lahore (2011 YLR 418), the court held that there must be a sufficient material on the record to demonstrate that stay of that person would be injurious to the national interest of the country. Further section 14B of the Foreigner act empowers federal government to deport any person whose stay has been determined illegal, and provided that his presence is not required for any other case. Additionally the Pakistan is a party to the Vienna convention on consular relations 1963, which has been included into Pakistan through the Diplomatic & Consular Privileges act 1972. This act requires the Pakistan authorities to implement the following procedure.

Ensuring that right to communication between the arrested foreigner & his country not infringed.

Right of consular access for the arrested foreigner

Issue a notice to the country of the arrested foreigner without delay, and mention the crime

Remand:

Remand means authorization from the magistrate for the physical custody of the accused. Whenever it is require to investigate more than 24 hours in a case, than it is mandatory for police to seek a remand from the magistrate. There are two types of remand physical remand & judicial remand. Along with it transitory remand is also granted in a case where accused is arrested outside the local jurisdiction of the magistrate, who issued the warrant. In this case it is brought before the magistrate for the intention of issuing warrants.

When is Remand to be sought?

When an accused person is arrested and investigation is not completed within 24 hours of his arrest, then the police can request the magistrate for physical remand. In majority cases police may require the remand of the accused for

(1) ?Recovery of stolen property on pointation.

(2) ?Pointation? of Place of offence.

(3) ?Arrest of co-accused on his pointation.

(4) ?Recovery of weapon of offence on his pointation.

(5) ?Interrogation by JIT.

(6) ?Identification of foot prints by a tracker.

(7) ?Any other purpose of investigation.

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How to seek Remand?

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To seek remand under the Code of Criminal Procedure (CrPC) in Pakistan, a formal application must be made to the relevant judicial authority. This typically occurs during the initial investigation stages or after an accused person has been taken into custody. The application for remand is presented by the investigating officer or law enforcement agency, highlighting the necessity of further custody for the purpose of continued investigation. The application should articulate specific grounds justifying the need for remand, such as the requirement to gather additional evidence, prevent tampering with evidence, or uncovering crucial information. The judicial magistrate or the concerned court evaluates the application, considering its merits and the circumstances presented, before deciding whether to grant or deny the remand request. If approved, the accused individual may be held in custody for the specified duration, allowing for the continuation of investigations as per legal provisions under the CrPC in Pakistan.

Conclusion:

To conclude the procedures outlined in the Code of Criminal Procedure (CrPC) of Pakistan regarding arrest and subsequent remand serve as pivotal mechanisms in ensuring a balance between law enforcement needs and safeguarding individual rights. The arrest process, guided by specific legal provisions, establishes the framework for the lawful apprehension of suspects, emphasizing the importance of adhering to due process and respecting the fundamental rights of the accused. Additionally, the avenue of seeking remand allows for a careful evaluation by judicial authorities regarding the necessity and justification for extended custody, ensuring that it aligns with the principles of justice, fairness, and the requirements of ongoing investigations. This comprehensive approach within the CrPC aims to uphold the rule of law while facilitating the effective administration of justice in Pakistan's legal system.