Recently in Sandeep Kumar vs the State (Government of NCT of Delhi) & Ors.

,
several suggestions or guidelines have been framed by the Supreme Court for
the police regarding inter-state arrest. The guidelines are as follows:

1. The police officer must take the prior written permission of the superior officer
to go out of the state or union territory to carry out the investigation. He can
take permission on the phone only in case of urgencies.

2. In cases where the police officer decides to arrest an accused in another

state, he must write facts and reasons so as to satisfy why the arrest is
necessary. The police officer must attempt to get an arrest or search warrant
from the magistrate having jurisdiction. He can arrest an accused without a
warrant only in case of emergency. And, in such cases, he must record
compelling reasons to visit another state without getting an arrest or
search warrant.

3. Before going out of the state, the police officer must make a detailed
departure entry in the Daily Diary (DD) of his Police Station containing the name
of the police officials and private officials going with him; vehicle number; the
purpose of visit; specific place(s) that is/are to be visited; time and date of
departure.

4. A lady police officer should be made part of a team if the arrestee (the person
to be arrested) is a female.

5. The police officers should have their identity cards with them, and they should
be in uniform. And further, they should carry accurate, clear and visible name
tags with their designations on them.

6. Before visiting the other state, the police officer must contact the local police
in whose jurisdiction he has to conduct the investigation. And, he must carry
translated copies of the FIR and other documents in the language of the state he
is going to visit.
7. After reaching the destination, the police officer must seek assistance and
cooperation from the concerned police station. The SHO must provide legal
assistance to the other state’s police, and an entry for the same must be made
at the said police station.

8. After reaching the place of investigation, the police officer must search if
anyone is to be strictly conducted as per the guidelines given under section 100
of the Criminal Procedure Code. The police officer must make sure to assemble
all the independent public witnesses from the neighbourhood.

9. The police officer must follow the procedure given under sections 41A, 41B,
50 & 51 of CrPC. And the process of arrest must be carried out keeping in mind
the guidelines given in the DK Basu case, 1996 and the provisions of CrPC.

10. An opportunity to consult a lawyer must be given to the arrested person

before he is taken out of the state.

11. Before returning, the police officer must visit the local police station, and an
entry in the Daily Diary must be made indicating the name of the persons being
taken out of the state. Articles (things) must also be mentioned in the Daily
Diary if any is recovered. And, the victim’s name must also be given.

12. Transit remand must be obtained after producing the arrestee in front of the
nearest magistrate. And the arrestee must be produced in front of the
magistrate before 24 hours.

13. The magistrate must grant transit remand after thinking psychologically and
not mechanically. He must make sure that the requirements of section 41(1)(b)
of CrPC are satisfied, and he must set out reasons for his decision briefly.

14. The arrested person must be informed of the grounds of arrest as soon as
possible. The magistrate must ensure the arrested person is provided to consult
and be defended by a legal practitioner of his choice. Also, the magistrate should
ask the arrested person whether he has been informed about the grounds of
arrest and if he wants to consult a legal practitioner.

15. Control rooms must be established in every district, and names and
addresses of the persons arrested must be displayed along with the designations
of the police officers who arrested them. And, the control rooms at the state
level must obtain details of the persons that are arrested.

16. The police officer must form an arrest memo specifying the time and date of
arrest and the name of the relative or friend to whom the information of arrest is
given.

17. If possible, the arrestee must be allowed to take his family member to
remain with him till the time he is produced before the jurisdictional magistrate.

18. In any case, the arrested person must be produced at the earliest before the
Jurisdictional Magistrate (within 24 hours of the arrest, excluding the time of the
journey).

19. The police officer must make an arrival entry in the record after arriving at
the police station. He must specify the investigation carried out by him, the
persons arrested and the articles recovered in the entry. Further, he must also
inform the concerned SHO or senior police officer about it immediately, and the
senior police officer shall personally supervise such investigation.

20. The arrest should be made under section 41(1)(b) of CrPC by the police
officer when he has reasonable suspicion and credible information. The materials
produced by him must be sufficient to cause a bonafide belief.

21. Medical examination should be conducted at the earliest after the arrest so
that the possibility of physical torture during the custody be avoided.

22. The police officer must maintain a detailed case diary with him specifying
the investigations done by him.
23. The vehicle logbook used for transportation must be maintained and signed
by the police officer making the arrest. He must specify if the vehicle was official
or private, the name of the driver and how it was arranged. Priority must be
given to official vehicles only.

24. The Public Prosecutor should provide the possible and required assistance to
the police officer visiting his state during transit remand.

25. For the speedy, smooth and effective inter-state investigation, guidelines of
the exact nature should exist in all the states and union territories.

26. To create awareness, the Ministry of Home Affairs (MHA) or the state
government should circulate the rules or guidelines or notification from time to
time.

27. Periodically, training should be given to the police officers to sensitise

them. (Sensitise means to cause someone to respond to certain stimuli; make
sensitive.)

28. Statement of the victim must be recorded at the earliest.

29. If the victim recovered is minor, they should be produced before the local
Child Welfare Committee for a further decision concerning the custody. And,
they must not be made to stay in the police station during the night hours.