We have witnessed many cases where any person illegally detain a person by either misusing his power as a Police Officer or fake his identity. Movies usually depict the condition of society and it often depicts how any ordinary person fake his identity by using the uniform of a Police Officer. Then how a person will understand the arrest is legal or illegal.
What are the procedures to be followed by the officer making the arrest and their duties?
Section 41 B of Code of Criminal Procedure states the Police Officer while making arrest shall bear an accurate, visible and clear identification of his name. So, that other person can easily identify the police officer.
A police officer can’t simply arrest the person after getting a reasonable complaint, or after receiving credible information or reasonable suspicion that he committed an offence. Whether a Police Officer makes an arrest after getting an order by the competent Court or without warrant, he needs to prepare a memorandum of arrest which shall be attested by at least one witness who is a family member of the arrested person or the witness is a respectable member of the area where the person is arrested. In addition, the countersign of the arrested person shall be in the Memorandum of arrest.
Police officer shall also inform the arrested person that he has a right to inform his relative or his friend about his arrest.
So, these are the procedure of arrest and duties of officer making arrest under 41 B of the Code of criminal procedure.
