Criminology Policy Paper

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Procedure as to affect arrest in some other state have been laid down in Functions, Roles and
Duties of Police in General1

It is imperative to note here that the cases reported at other police station outside their local jurisdiction
when reported in some another state requires that the report should be prepared in cases of cognizable
offences which was committed outside the state where the actual accused is residing right now, a Station
House diary would be required to be maintained wherein Records will be updated about the crime
reported in some another state and a certified copy of such entry would be given to the official who
prepares prepared such report and it will be referred to the station house officer in whose jurisdiction the
actual felony and the offence took place.

Whenever there exist a reasonable apprehension and suspicion that the person involved in the omission if
found in our State territory after the commission of a serious offence and there exist a possibility that
upon such knowledge the accused will abscond unless he’s taken into custody, in such instance, the
concerned person will be arrested and produced before a court of law having jurisdiction to try such
matter. The intimation about such arrest would be required to be given to the police station within the
jurisdiction of which the offence was so committed.

It is a settled principle of practice in law that the concerned other state station house officer would be
eligible for a communication by cricket me to exchange information about any type of conduct of the sole
accused in their state.

The police diary is required to be updated by entries at regular intervals whenever replies as to the
communication once received. Similarly in the case of a communication received from some other state,
action should be taken to verify and enter in the concerned records. The reply should be sent to the
concerned based on enquiries.

1 Functions, Roles and Duties of Police in General available at


https://bprd.nic.in/WriteReadData/userfiles/file/6798203243-Volume%202.pdf
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Respective states are required to adopt new Police strategy which settles that is critical and objective
analysis of incidents of communal disturbances wherever Hai is to be done on regular intervals in order to
ensure law and order and such findings should be made available to the nearby adjacent police forces in
other states.

The rules now also provide a proper format for advancing correspondence related letters to police officers
in some other states with names and designations clearly mentioned upon whom such letter was to be
served.

Nowadays, the rules also provide for correspondence with other states which basically settles The direct
correspondence on a regular basis and in non-controversial matters shall be carried on between officers of
different states in order to facilitate day to day administration in a more effective and legitimate manner.
The heads of departments and other officers are also authorised and permitted to regularly correspond
with officials of other state.

Correspondence with police officers of corresponding ranks in other states - with some restrictions the
corresponding rank police officers are allowed to correspond about movements of criminals, convictions
of persons, information concerning crimes, et cetera. The police form, if prescribed should be used in
correspondence. If wireless communication is required to meet the prescribed message form should be
adopted.

In the case of Sandeep Kumar v The State(Government of NCT of Delhi) guidelines were laid down
specifically for Sections 48,77,79 and 80 of the CrPC.

Primary Procedures -

1. Police officers should upon assigning such case shall inform senior level officers and shall seek
permission to go out of State/UT to conduct an investigation.
2. Police officers shall record in writing that the arrest of the accused in imperative and non
derogable due to the urgency of the matter.
3. Officers shall approach a Court of Jurisdictional Magistrate in order to get a arrest warrant and
shall also mention reasons as to visiting another state without getting a warrant in emergency
cases.
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4. Departure and Arrival entry to be made in the maintained Diary of the Police Station.
5. Before approaching other state jurisdictions, officers ideally should contact the Police Station of
Local Jurisdiction in order to seek a nod to conduct an investigation. Additionally, Should carry
copy of the complaint or FIR.
6. Upon reaching the destination shall inform the concerned local police station to seek assistance
and cooperate to affect arrest of the accused. The process of arrest carried out by the police must
be in compliance with the guidelines given in DK Basu case and the provisions of CrPC.
7. Opportunity shall be provided to the arrested person to consult a lawyer before taken out of the
state.
8. Should endeavor to obtain a transit warrant/remand after producing the arrestee before the
immediate available Magistrate.
9. Endeavor should be made to obtain transit remand after producing the arrestee before the nearest
Magistrate

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