Rules for inter-state arrest

The arrest of BJP leader Tajinder Pal Singh Bagga by Punjab Police recently precipitated a crisis after the Delhi Police registered a case of kidnapping against the Punjab Police team that apprehended Bagga.

• The team, while transporting Bagga to Punjab, was then detained by Haryana Police en route and questioned on the basis of a warrant that Delhi Police got issued from a city court.
• Later Delhi Police had escorted Bagga back to the national capital.

What is Inter-State Arrest?

• Inter-state arrest is the concept under which the police officer of one state cannot arrest or interrogate an accused in any other state outside their jurisdiction.
  • Police is a State subject, and thus the jurisdiction of a state police is limited to the state.
• However, to arrest the accused in another state, the police officer can request the local police of that state for cooperation and assistance.
• Only the local police can arrest and produce the accused in front of the magistrate.
• When the magistrate issues a transit warrant, then only the accused is given up to the custody of the police of that state.

Guidelines for Inter-State Arrest:

Recently in “Sandeep Kumar vs the State (Government of NCT of Delhi) & Ors. (2019)”, several suggestions or guidelines have been framed by the Supreme Court for the police regarding inter-state arrest. The guidelines are as follows:

• The police officer must take the prior written permission of the superior officer to go out of the state or union territory to carry out the investigation.
  • He can take permission on the phone only in case of urgencies.
• In cases where the police officer decides to arrest an accused in another state, he must write facts and reasons so as to satisfy why the arrest is necessary.
  • The police officer must attempt to get an arrest or search warrant from the magistrate having jurisdiction.
• The police officers should have their identity cards with them, and they should be in uniform.
  • They should carry accurate, clear and visible name tags with their designations on them.
• Before visiting the other state, the police officer must contact the local police in whose jurisdiction he has to conduct the investigation.
  • He must carry translated copies of the FIR and other documents in the language of the state he is going to visit.
• Transit remand must be obtained after producing the arrestee in front of the nearest magistrate.
  • The arrestee must be produced in front of the magistrate before 24 hours.
  • The magistrate must grant transit remand after thinking psychologically and not mechanically.
• If possible, the arrestee must be allowed to take his family member to remain with him till the time he is produced before the jurisdictional magistrate.
• In any case, the arrested person must be produced at the earliest before the Jurisdictional Magistrate (within 24 hours of the arrest, excluding the time of the journey).