POLICY ON ARREST, POLICE CUSTODY AND ALTERNATIVE RESTRICTIONS
1. Principle of Personal Liberty
The policy of Sanvidhan Loktantra Party shall be that a person accused of an offence is presumed innocent until proved guilty by a competent court.
Therefore, arrest and police custody should not ordinarily be the first measure merely because a criminal case has been registered or an allegation has been made.
2. Alternative to Arrest
In cases involving offences where custodial interrogation is not essential and where there is no immediate threat to public safety, the competent Court may, instead of ordering arrest, impose appropriate restrictions upon the accused, such as:
House Arrest / Home Restriction – requiring the accused to remain at his residence, subject to court-approved exceptions.
Restriction on Leaving the City, Town or Village – prohibiting the accused from leaving a specified geographical area without prior permission of the Court.
Restriction on Leaving India – requiring surrender of the passport and prohibiting the accused from leaving the country without permission of the Court.
Regular Appearance – requiring the accused to appear before the Investigating Officer or Court at specified intervals.
Non-interference Conditions – prohibiting the accused from threatening, influencing or contacting witnesses or tampering with evidence.
Electronic or Other Lawful Monitoring, where considered necessary and proportionate by the competent authority.
3. Arrest Only When Necessary
Arrest should be made only when there are recorded and reasonable grounds showing that it is necessary, such as:
possibility of the accused absconding;
possibility of destruction or concealment of evidence;
possibility of influencing or threatening witnesses;
necessity of custodial interrogation;
repeated non-cooperation with the investigation;
likelihood of continuing the offence; or
a serious and immediate threat to public safety.
The reasons for arrest should be recorded and subject to judicial scrutiny.
4. Serious and Heinous Offences
The above alternative-restriction principle shall not ordinarily apply to serious and heinous offences, particularly:
murder and culpable homicide of serious nature;
serious offences involving narcotic drugs and psychotropic substances;
terrorism and offences threatening national security;
serious organised crime;
serious offences against women or children;
offences involving serious and immediate danger to public safety; and
other offences specifically classified by law as requiring special treatment.
In such cases, arrest and police custody may be permitted in accordance with law, subject to judicial oversight and constitutional safeguards.
5. Police Custody
Police custody should not be treated as punishment before trial.
Where custodial interrogation is genuinely necessary, the Investigating Agency shall place the specific reasons before the competent Court, and custody shall be granted only to the extent and for the period permitted by law.
6. Judicial Oversight
Any restriction upon the liberty or movement of an accused should be:
authorised by competent judicial authority where required by law;
proportionate to the nature of the alleged offence;
limited to the period genuinely necessary;
subject to periodic review; and
capable of modification or cancellation by the Court.
7. Objective of the Policy
The objective is not to weaken criminal investigation or protect offenders. The objective is to prevent unnecessary incarceration of persons who can be made available for investigation and trial without taking them into physical custody.
The policy seeks to establish a balance between:
Public Safety + Effective Investigation + Rights of Victims + Personal Liberty + Presumption of Innocence + Speedy Justice.
POLICY PRINCIPLE
“Arrest should be a measure of necessity, not a measure of routine.”
For ordinary offences, where the accused can be effectively controlled through lawful restrictions and remains available for investigation and trial, liberty-restricting measures should be considered before physical arrest and incarceration.