1992 PCrLJ 131
‑‑‑‑Ss. 54 & 167‑‑‑Scope and object of Ss.54 & 167, Cr.P.C.--‑
Person required in more than one cases‑‑‑Arrest‑‑‑Procedure‑‑‑Guidelines.
No doubt, the Police Officer can arrest a person where a reasonable suspicion exists of his having been concerned in any cognizable offence but power given to the Police Officer under section 54, Cr.P.C. being an encroachment on the liberty of a citizen is not unlimited. It is subject to the condition stated therein. An arrest purporting to be under this section would be illegal unless the circumstances specified in the various clauses of the section exist. This section does not give free licence to a Police Officer to arrest anybody he may like. In order to act under this section, there must be a reasonable suspicion of the person to be arrested having been concerned in a cognizable offence. An arrest of a citizen in a reckless disregard of the conditions imposed in this section would make the arrest and detention of the subject illegal and the Police Officer arresting or detaining the subject would be exposed to prosecution under the Pakistan Penal Code and also for departmental action under the relevant rules. Similarly, section 167, Cr.P.C. does not visualize successive and repeated arrests of a person required in more than one cases. An accused required in more than one criminal cases when arrested will be deemed to have been arrested in all the cases registered against him. There is no legal bar for interrogating an accused person with regard to the allegations against him in another case. It is rather desirable that when a person required or accused in more than one cases or where more than one F.I.Rs. are registered against him is arrested and remanded to physical custody, then he should be interrogated about the allegations against him in all the cases. Instead of acting strictly in accordance with law, the police is following the illegal practice of showing the arrest of the person in one case and on the expiry of remand it again arrests him in another case. It is commonly known that in selected case, police would arrest the accused on his release on bail in the first case. It is nowhere stated in the Criminal Procedure Code and Police Rules that a person required in more than one case when arrested will be deemed to have been arrested in one case and he cannot be arrested simultaneously in more than one case. Section 167, Cr.P.C. simply says that whenever a person is arrested or detained in custody, the Magistrate may authorise his detention in such custody for a term not exceeding fifteen days in the whole. The section does not talk of ?case? it talks of custody only. The longest period for which an accused can be ordered to be detained continuously in police custody by one or more such orders, is only fifteen days. So, the detention of the accused person required in more than one cases already registered against him, for more than fifteen days would be illegal. It would be quite in accordance with law that when a person required in more than one criminal cases of the same police station is arrested in one case, he shall be deemed to have been arrested in all the cases. After continuous physical custody of the accused with the police, the Magistrate will not be justified in granting his physical remand in another case and similarly after the accused is released on bail in one case, he will not be arrested by the police in the other case. It is desirable that the Police Officer, while applying for the physical remand of an accused person should certify that he is not required in any other case and if there are more than one cases against him, then the S.H.O./Investigating officer will state this fact in the remand application. Similarly while granting physical remand, the Magistrate shall inquire from the S.H.O./Investigating Officer as to whether the accused is required in other cases or whether any other case is registered against him at the police station. If the accused has remained with police pursuance to the remand granted under section 167, Cr.P.C. then the Magistrate will be justified in refusing further physical remand of the accused in another case. It goes without saying that whenever the police indulges in these tactics of arresting the accused successively in different case, it is not taken in good taste by the public and the Courts.
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