It is pertinent to note that Section 46 of the Cr.P.C.

details the manner in which an arrest is to

be made. Further reading the Section 46(2) and Section 46(3) together, within the broader
class of those accused of offenses under the IPC, there are two categories of accused
contemplated, those who are accused of offences that are punishable with death or life
imprisonment and those who are not. For the latter, the arresting authority cannot use means
that involve causing death to effect arrest, while for the former, the authority may cause death
of the person while attempting to effect arrest using necessary means. However, there is no
real or substantial distinction between the two categories of accused that warrants the
arresting authority to cause death for only one category of persons. In the present case when
Vivek tried to escape by snatching a gun from police officers, in order to effect his arrest he
was shot down dead by police and such act is totally justified by the aforementioned sections
of Cr.P.C.

It is most humbly submitted that the traces of performance of police in accordance with the
provisions of Cr.P.C was found at various places. Firstly as Vivek was alleged of cognizable
offence, he could be arrested without warrant 1, a team of about 20 policemen had gone to the
residing village of Vivek Das from Chandapur police station are to arrest Vivek Das 2 and
further made the investigation3 Such powers are conferred to police under the Section 156
and 157 of the Cr.P.C.4 Secondly, the police lodged a FIR against 25 people and 50-60
unidentified people in connection with the killing of 10 police personnel. 5 As Section 154 of
Cr.P.C. does not require that the report must be given by a person who has personal
knowledge of the incident reported, a police officer can lodge an FIR on his own if he comes
to know about the commission of a cognizable offence. 6Therefore, the police had lodged FIR
in accordance with the powers conferred by Section 154. Further by using the power
mentioned in Section 156 the police had arrested various accused including Darshan
Aggarwal,7 Vivek’s brother-in-law Sohail Nadeem along with his son, 8 Vivek’s neighbour
Suresh Shankar and house help Rani,9 Vivek,10 Vivek’s wife11.

1
The State of Gujarat v. Bhimji Manji and Ors. (1968) 0 GLR 201.
2
Factsheet Page 2, Para 3, Line 1-3.
3
Factsheet Page 2, Para 4, Line 3
4
Section 156 and 157 , Cr.P.C,1973.
5
Factsheet Page 2, Para 4, Line 9-11.
6
Hallu and Ors. V. State of Madhya Pradesh 1974 S.C.R. (3) 652.
7
Factsheet Page 3, Para 5, Line 5.
8
Factsheet Page 3, Para 7, Line 3-4.
9
Factsheet Page 3, Para 7, Line 5-6.
10
Factsheet Page 4, Para 8, Line 1-2.
11
Factsheet Page 4, Para 8, Line 15-16.