(2) Misuses of Certain Provisions of law in India : - Arrests by Police to recover money dues to the Complainant.
The use of Police for recovery of money due, happens when a Creditor invokes Sec.420 of IPC and says that the Debtor has cheated him..
Once the complaint is given to police, police gets power to arrest debtor.
The power of police to arrest without warrant from a judge is justified a) When a person refuses to disclose his identity to police b) When person is of wandering tribe, without having family, without having properties, without having substantial deposits in bank, and it may be for hard police to locate him again c) The person is of violent nature and if he is not immediately arrested, he may harm others. d) The person is so powerful that he can neutralise or threat potential witnesses..
In cases were the accused are civil by their nature, when they have trade, when they have offices or shops, when they have properties and families, when they are not likely to abscond, when they are ready to give undertaking that they will be available for further inquiries by police, it is not justifiable to arrest such person by police without warrant from a Judge.
I hope that young lawyers will give some look at these "Arrest without warrant" provisions to see how they can interpret these provisions in a beneficial ways to prevent misuse of these provisions, when they get such a case.
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