The issue that this article discusses is whether registration of a First
Information Report (FIR) against an accused needs to be followed by
his/her imminent arrest.
Nowadays, when an allegation of committing a cognizable offence comes up
against a person - particularly a celebrity - there will be a public
outcry for his/her arrest even though such an arrest is unwarranted in
accordance with criminal jurisprudence or its practice. Unnecessary
arrests and unjustified pre-trial detention pose grave threat to many
citizens accused of committing cognizable criminal offences.
The five member constitutional bench of the Supreme Court in
categorically stated that the arrest of a person is not directly linked
to the registration of FIR. The verdict states both are entirely
different concepts operating under different parameters and if a police
officer misuses his power of arrest, he can be tried and punished under
Section 166 of the Indian Penal
Code. Therefore a police officer
should apply his mind independently while taking a decision on arresting
anyone. He should ignore the vociferous public outcry for arrest that
goes just against what is stated in the statue book. Arrest and
detention of the accused in custody is treated by people in general as a
procedural punishment for the accused.