Circular Issued For Police On Protocols To Arrest Accused Beyond State Borders: Tamil Nadu DGP Tells Kerala High Court

The Division Bench of Justice Anil K. Narendran and Justice Muralee Krishna S. have granted time to the Public Prosecutor to submit the circular issued by the DGP.

The Court was hearing a contempt petition alleging violation of the Apex Court guidelines in D K Basu v State of West Bengal while the Tamil Nadu police arrested the accused from his residence in Kerala. The Court had admitted the contempt petition and issued notice to the police.

The DGP filed a counter affidavit before the Kerala High Court stating that a circular has been issued containing detailed guidelines to be followed by Station House Officers and Investigating Officers while making arrests outside the State's border.

The guidelines in the circular issued by the DGP are outlined as follows:

• Must record in writing giving reasons for making arrest from outside the State,
• Seek permission from superior officers in writing or through phone in urgent cases to go outside the State to carry investigation,
• Make detailed entry in Daily Diary of police station giving details of police officials and individuals accompanying him, vehicle number, purpose of visit, specific places for visit, departure time and date,
• Female police officer to be accompanied if the person to be arrested is a lady,
• Police officers must carry identity cards with them,
• Police officers must wear uniform, have accurate and visible name tags with designation,
• The team of police officers must contact the local police station where they have to conduct investigation, they are required to carry compliant/FIR or other documents in translated language of the State where they want to investigate,
• Establish co-ordination with the local police station and seek their co-operation and assistance, details of their visit must be entered in the local police station,
• Investigation and arrest must be made in compliance with relevant provisions under the CrPC or BNSS,
• Endeavour to be made to have independent public witnesses from the neighbourhood,
• Procedure of arrest must be in compliance with guidelines in D K Basu (supra),
• Police must make arrest memo and reveal reasons for arrest and make seizure memo, in case of seizure,
• Arrested person to be produced before nearest Magistrate for securing transit remand for taking him from place of arrest to the place where the crime is registered,
• To get a transit remand, they must submit special report along with case diary, FIR copy, remand report and other documents before the Magistrate,
• After arrival at jurisdictional police station in Tamil Nadu, arrival entry must be made outlining details of investigation, person arrested and articles recovered. The accused person must be produced before the jurisdictional Magistrate at earliest, not beyond 24 hours from making the arrest excluding the time of journey,
• Medical examination to be conducted without delay,
• Log book of vehicle and details used for transportation of accused must be maintained and signed, as far as possible official vehicle to be used.

It is submitted before the Court that the circular with the afore guidelines was issued for its strict compliance by all officers in the State of Tamil Nadu.

The matter has been posted to November 25.

Case Number: Con Case (C) 2481/2024

Case Title: N Prakash v Shankar Jiwal IPS & Anr.