Page 22 - 1 to 18 August 2020

Imphal Times Supplementary issue Page No. 2
Do we know our Rights when arrested under Criminal Law?

Chongtham Victor (Advocate). we’ve seen in the past and continue person complies with the notice, he The law prohibits “retrospective
to witness how many of these cannot be arrested unless after imposition of criminality”. The right
Lets appreciates the Most people recognize that the officers refuse to register FIRs and duly recording reasons for doing against double jeopardy protects
send the complainants away.
so the police officer decides to later
the accused from not being
Indian Penal Code, 1860 (hereinafter In one of the landmark arrest him or her. In case of non- convicted of the same offence more
thousands heroes of Manipur referred to as “IPC”) is related with case “Lalita Kumari v. State of UP” compliance, arrest will ensue. than once. This means that the same
the criminal offences but only a few
person cannot be punished based
Section 41B talks about some
the Supreme Court had held that
are aware that the IPC must no preliminary investigation would indispensable rules while arresting on the same facts. It does not mean
Novel Coronavirus- the deadly virus that brings disaster to human necessarily be read along with the be required while reporting a someone. The officers must wear a that a person who murders more than
kind across the globe is finally pulling out the humane in every human Code of Criminal Procedure, 1973 cognizable offence, except in visible identification of his or her one person cannot be convicted
being leaving aside some few people who believe that politics is their (hereinafter referred to as “CrPC”). certain cases such as those of name. They must then prepare a again if he commits the same crime.
religion. Information gathered from internet that has been happening The CrPC is a rule of procedures medical negligence and corruption. memorandum of arrest (or an arrest If the person is either convicted or
across the world shows thousands people extending helping hand that must be followed before, Oftentimes, the reason provided memo) that shall be attested by at acquitted of any charge, the case
to one another to make sure that human kind survives by defeating during, and after initiating a criminal the police officers for not taking least one witness - who is either a remains closed. It is only when fresh
the dreaded virus that cause COVID-19, killing thousands of human complaint. down that FIR is that the crime was member of the accused’s family or evidence against him or her is
kinds irrespective of caste, creed, rich poor. These attackers know no As per the Cr.P.C there are two not committed within their locality - and must be furnished that new set of facts is
religions or community – they attack any human whom they can categories of proceedings to be jurisdiction. This was later resolved countersigned by the accused. constituted.
access too. followed in terms of the kind of with the introductions of a “Zero Section 46 deals with how arrests The accused is also protected
offence that has been committed – FIR”. This mechanism allows ought to be made. Sub-clause (4) under the right against self-
The only means, left with the human kind as of now is social (i) cognizable and (ii) non- officers to take the complaint down was added later on and stipulates incrimination which means that he
distancing and total lockdown to break the chain of spreading the cognizable. A cognizable offence regardless of where it was that women cannot be arrested cannot be compelled to be a witness
pandemic. has been defined as one in which committed and compels them to after sunset and before sunrise. in his own cause. The same is even
the accused may be arrested transfer it to the appropriate police Therefore, the kind of arrest that enumerated in the Indian
In the state of Manipur which have around 30 lakhs population without a warrant, whereas a non- station. the media tends to talk about is constitution. The right of silence
(Subject to correction) from no case in March now reached over cognizable offence requires a police When can someone be arrested? that in case of a cognizable offence. and the right of privacy of the
3000. The number of death due to COVID -19 has reached 8. Saying officer to arrest the person only after If the officer witnesses the This then raises an alarm when we accused is yet to evolve completely
so may have recovered and there are around 1197 active cases at obtaining a warrant from the commission of a cognizable study the arrest of Prashant in India, as we do not follow the
which 502 are from the Central security forces. Magistrate. There is no straitjacket offence, or otherwise receives any Kanaujia, the journalist who was Miranda Rights based approach as
formula on how a criminal process “reasonable complaint”, or arrested for his tweets regarding in the United States of America.
Doctors in the state who were always criticized accusing them for
all wrong reason, before the invasion of the virus, now proves that begins. There are certain standard “credible information”, or has a Yogi Adityanath. The arrest was Apart from the type of arrest
they risk their lives to save people no matter the state has poor procedures the order of which might “reasonable suspicion” against downright illegal. The police contemplated under Section 41 and
officers suo moto filed the FIR on
others, in case of a non-cognizable
any individual of having committed
alter depending on the case, but the
medical equipment like PPEs. At time of crisis due to the invasion of elements of a trial remain common a cognizable offence with grounds of “criminal defamation”, offence, the police can issue a
the virus the humanity in all the medical practitioner finally showed to both kinds of cases regardless. imprisonment for a term of seven which is a non-cognizable offence, “summons” to the accused to
and is notice by everyone.
After the trial, the judiciary then years or lesser, the said officer is and Section 66 of the Information appear before them, or a court can
It is over 5 months , that the state has been put under complete determines the liability of the empowered under Section 41(1)(a) Technology Act, 2000 which does issue a warrant of arrest to the police
lockdown even though it was relaxed for few days. There are daily different persons involved - the or 41(1)(b) to make an arrest. In not apply in this case. While the officer to arrest the accused. Once
wage earner who lives on hand to mouth in the state of Manipur, but stage that most of us are familiar these cases, he or she can only initial stage of filing the complaint the arrest has been completed, or
then the fortunate part is that almost all indigenous people have a with. make the arrest if they have a is not to test the veracity of these the summons been sent, or a
place to stay. Whether they come from villages to work or to study In case a non-cognizable offence reason to believe that the person claims, filing an FIR on false warrant been issued, the police can
they have place to stay indoors. The only problem is the shortage of has been committed, such as a case so arrested has committed the grounds invokes the wrath of search the person and/or the
food and other edible items due to the total lockdown. Knowing the of criminal defamation, it becomes a offence. various other legal provisions that property of the arrested and others
problem it is fortunate for the state that irrespective of who is in the question of filing a private criminal As per 41(b)(ii)(a) to (e) of the can be used to challenge them, involved and seize any and all
voter list the is trying all its best to make sure that people don’t complaint before the Magistrate CrPC, they may arrest in order to such as Section 482 of the CrPC property that they may possess.
remain hungry during the lock down. The unfortunate part is that directly. If the Magistrate so desires, prevent the said person from to get the FIR quashed on those Investigation continues and the
some people still are not getting what they deserves. But leaving he may order the police to tampering with any further very grounds. police is empowered under Section
aside these narrow minded people, Manipur is glad to have many investigate if he or she finds the investigation, procuring their Rights of the Accused 161 to take down statements made
individuals who have distributed the essential edible item by buying nature of the case to be one presence for trial if they fear that The accused has the right to be by witnesses. These statements are
from their own pocket money. CSOs, students’ bodies are trying to requiring the State’s resources. they may abscond, etc. In case the informed of his or her grounds of not to be recorded by the police and
help people who remain hungry and provided them assistance This largely differs from filing a crime prescribes imprisonment for arrest forthwith. If the arrest is made therefore cannot be used during trial
whatever they could. First Information Report (hereinafter a term of more than 7 years, the without a warrant in a bailable case, as evidence. They are strictly stated
referred to as “FIR”) as per Section officer can arrest the accused as the accused has the right to be in order to proceed with the
Manipur still have people (who always think of making money) at 154 of the CrPC before a police per Section 41 (ba) of the CrPC. released on bail after furnishing investigation and to aid the police
time of crisis. There are suspicion that whether the so call agents station when a cognizable offence In some cases, the officer may sureties. with the same. Even if the accused
nominated by MLAs and some MLAs are taking advantage in this has been committed. For example, find that the reasons mentioned The accused has a right to legal were to admit his guilt while
crisis period to make money looting the share of the people. in case a murder/rape/kidnapping/ under Section 41(1) do not apply. counsel. In case the person is making these statements, the law
abduction has been committed, or For instance, the person against indigent and doesn’t have the protects him or her because the
Remember award winning Hollywood movie - A Thousand Heroes grievous hurt caused, the first step whom the complaint has been made means to procure the services on statements will not be good on their
(also known as Crash Landing: The Rescue of Flight 232) , bases on would be to file a FIR before the may not be one likely to abscond his or her own, the State is bound own. The reason for this is that
a true story of the crash landing of Flight 232 at Sioux City, Iowa on Station House Officer (hereinafter and has, for instance, cooperated to do so by granting legal aid. Most police interrogations are often not
July 19, 1989. Each and every one of the citizens of Sioux City came referred to as “SHO”) of the local with the police in previous fundamentally, the accused is made without the threat or use of
out and help the crash victims with whatever they can. The citizens police station within the criminal complaints. In these protected from ex-post facto laws, force, which may compel the
of the city is still remembers as a city of thousand heroes. jurisdiction/vicinity in which the cases, the officer may send out a i.e. they can only be tried for witnesses to say more than they
crime has been committed. While “Notice of Appearance” to the breaches of laws already in place at would have liked to.
Why not Manipur be another city of thousand heroes this step seems rather obvious, accused under Section 41A. If the the time of making the accusation. (Contd. on Page 3)
Thoubalphobia ill-fated Malemnganbi’s Child Delivery
By: Mamta Lukram from all angles may not be the right in her child delivery. other district, Relying on traditional practice test result or either a note confirming
step. Interaction with the bereaved According to Thoubal in was the idea open to them. As test has been conducted. This made
Few days back, a collage family members reveals a different family member, particular was the shared by the family, they were them waited outside the CMO office
picture of a young lady and a new layout. We need introspecting Malemnganbi used greatest mental little hopeful getting the Thoubal with the motherless new-
born was posted sharing a causal factors by enquiring into if to have regular and mobility set information that after COVID 19 born for hours in vain. They took
disheartening update on how the the system has any direct and check-ups in the back to the family. lockdown has destroyed normalcy, up the courage and managed to get
young lady passed away during the indirect role. district hospital By the time her few others family have also in through Shija Hospital. The
child’s delivery. More disturbing Digging deep, some specific during the last past due dates was successfully relied on traditional hospital staffs, keeping under
was the content which indicates a factors are found responsible for months. She was approaching, her midwiferies. So, when consideration the situation,
sense of stigmatisation, the unfortunate incident. The also private patient family failed to Malemnganbi started experiencing contacted a paediatrics over the
discontentment over public confirmation of COVID 19 positive of a doctor posted maintain smooth her natural labour contraction, she phone and the doctor gave
attitude of overlooking fact that the cases with no travel history and in Thoubal District communication was fed to traditional midwifery. telephonic instructions in
virus has no borders. Having a imposition of complete curfew in Hospital. She with the concern Luckily by 8.40 am in the morning responding the need of the infant.
flashback reality check, everyone the district only, restricting public already had a six doctor. Fixed in of Sunday, 2 nd August 2020, she Finally, the family members reached
knows that Thoubal district has movement created hardships. years old son chaos, the family delivered a baby boy and the home late evening after having
been put under stringent restriction Social dejection by people from through normal tried to contact a condition was stable. The family tested nagative for COVID 19 in
with fear of becoming the hot bed other parts of the state restraining delivery and hospital which rejoiced and breathe of sigh with Thoubal district hospital.
of COVID 19 local transmission in people from this district entering everything have didn’t turn up with the successful step. The whole As expressed by the family
the state. A disastrous community public and private places in other been running quite recommendable family have been busy with post- member, COVID 19 has havoc their
response of districtphobia or parts is another factor. The normal for her. solution. Being delivery initiatives and preparing family. They don’t hold anyone in
Thoubalphobia brewed in the psychological insecurity bears its C a t a s t r o p h e caught in a food for her, suddenly she started particular as responsible for the
minds as side effect. alarming significance too. spelt in her life c h o i c e l e s s showing signs of discomfort. She loss in the family, but the pandemic.
Nevertheless, during this hard The heart wrenching story is when doctors 3 dilemma, the family was attended by nurse, but her They were of the view that it was
times of global crisis whereby about Thoudam Malemnganbi @ doctors and a grade was reduced to a health lapses into critical juncture neither out of carelessness nor
doctors and health workers Abem, 24 years, W/O Thoudam IV posted in state of due to complicacies of internal financial constraint that the
frontlining in strategic combat Sanjitkumar 33yrs from Thoubal Thoubal District Hospital were helplessness. The only hope was, bleeding. Within no time she unfortunate mother was made to
against the disease, Thoudam Mamang Leikai, ward no confirmed COVID 19 positive as the lady gave normal delivery succumbed. The ill-fated family was deliver her baby at home, but out
misunderstandings their 3/14, who unfortunately passed leading to sealing of the hospital. to her first son who is now six years left behind in a shock. of endless confusions that stuck
constraints thereby blaming them away on Sunday, 2 nd August 2020 Rejecting treatment of people from old, and her concerned doctor was Later, the child seems to develop them in every step. They resign to
Thoubal District in other hospitals, of the view that everything was some discomfort, the panic stricken their fate, however are
without COVID 19 test results normal, there is high probability of family come out looking for medical disheartened with the system of
Letters, Feedback and Suggestions to ‘Imphal Times’ multiplies inconveniences. successful normal delivery for this assistance, which rather was more disarray submerging in endless
can be sent to our e-mail : imphaltimes@gmail.com. For advertisement Erecting barricades with bamboo second time too. So, the family disheartening even. They went out confusion the lives of common
kindy contact: - 0385-3590330 (O). For time being readers can reach the fences blocking people from any started looking for options. for Shija Hospital which demanded people.
office at Cell Phone No. 9862860745 for any purpose.