INTRODUCTION
Law enforcement is a prevalent presence in every society. They are possibly the most visible face of government. When in a time of need, danger, or crisis, and unknown as to what to do or whom to turn to for guidance, a police station and officer is generally the best place to seek rescue. It is important to understand that they serve a basic yet crucial purpose in one’s livelihood. This brings us to the question of whether they exercise their powers within their rights and limitations or if it is just a courtesy on their behalf. The police are expected to be the most accessible, entertaining, and responsive body in any society. However, the ramifications of these tasks are huge, resulting in a set of roles, functions, powers, duties, and responsibilities that characterize the police organization. In this blog, we are going to learn more about the police and the rule of law, arrests and warrants, and rights during police stops.
POLICE AND THE RULE OF LAW
People are worried that police in each community may not follow the law and might take advantage of the authority. Police officers believe following the law is too restrictive on their power; they believe this could hinder a victim’s way to justice and criminals’ imprisonment. It is said to expose the community to harm. While the public focuses on serious violations, most of the police actions that cross the line are ordinary, regular, and hard to notice.[1] Discussing the Indian police which gets highlighted is their approach, character of work, their behaviour, and the outcomes. Numerous political pressures through the political leadership result from dirty politics and make the police behave in a partisan way. There is the frequent use of brutality, unlawful detentions, custodial deaths, and the many other scenarios usually found in the public headlines cause public outrage. These heinous misconducts by the police lack the account and fuel mistrust.
However, we cannot blame everything on the police as there is a disproportionately high ratio of police personnel to the population and that is a very vital issue. Being underfunded and understaffed also hampers the ability to respond effectively to the crime.
DIFFERENCE BETWEEN A SEARCH WARRANT AND AN ARREST WARRANT
In order to know what a warrant is, we must first know what an arrest is. An arrest is the act of taking an individual into custody or limiting their liberty, usually to make them comply with the law. In criminal cases, the purpose of the arrest is to hold the individual in custody for a criminal offence or to prevent them from committing an offence. In civil cases, the purpose is to make the person answer for a claim made against them.
A warrant is a specific legal paper issued and signed by the judge. It specifies permission granted to the police to search, seize, or even make some arrests. As long as probable cause is displayed, it can be issued by a judge.[2] However, in the field of law, there are two types of warrants a person comes across, namely – Search Warrants and Arrest Warrants[3].
- Arrest Warrants – An arrest warrant is a paper or document given to the police by the judge that authorizes them to take someone into custody suspected of a certain crime. This is issued to bring the suspect or the individual to custody. Generally, an arrest warrant is pretty straightforward, involves detaining someone, and is usually issued due to probable cause that such a person has committed a crime. It will make sure that the arrest is in compliance with the law and can also serve to legally justify an arrest. It doesn’t say where it will take place, but it shall do so where the suspect is commonly found.
- Search Warrant – A search warrant, on the other hand, is very specific in its scope. It is legal documentation that acknowledges the authority to search a specific location, vehicle or individual for evidence related to a crime. Unlike the arrest warrant, it specifies the search place such as a house or an automobile. It requires a probable cause and reasonable belief that the items could be reasonably found there. The main differentiator of search warrants is to protect individuals from unreasonable searches and seizures, as outlined in legal principles like Article 20(3)[4] and Article 21[5] of the Indian Constitution.
In some instances, law enforcement will require both warrants. For instance, if the police are required to search a suspect’s house for evidence and arrest the suspect, they may acquire both a search warrant and an arrest warrant.
- Rights of a person during police stops[6] – There are certain rights a citizen is granted when he or she is stopped at a police stop, generally at a traffic stop:
- If stopped, you may ask why. Make sure the officer is in uniform and has a visible name tag. If you cannot see it, you can ask for their ID. If the person stopping you is in regular clothes and cannot show ID, you can politely decline to give your documents.
- If you believe the challan is incorrect, you can dispute it. Virtual courts have simplified this process for the public. By choosing the “contest challan” option on the virtual court website, you can ask for a hearing, where a magistrate will examine your case online.
- Traffic police can’t take away your car keys or deflate your tyres. They can’t tow your car if there’s someone inside. If you think you’re being treated unfairly, you can go to the nearest police station and file a formal complaint. Ensure that you co-operate.
- Rights of a person during police arrests[7] – A person gets arrested when a police officer or a citizen takes them into custody, which confines the freedom of acting. It is done to punish them for the crime or offence. The Indian police are restricted to detain someone for questioning without an arrest, with or without a warrant. However, there are certain rights the citizen is assured of–
- There should be a valid reason for your arrest and that reason must be made known to you in compliance with Article 22 of the Constitution[8] of India and Section 75 of CrPC.[9]
- You must be informed whether you are entitled to be released on bail or not. This is particularly given in Section 50 of CrPC.[10]
- You must be produced before a magistrate within 24 hours of your arrest. This shall be done in compliance with Article 22(2) of the Constitution of India.[11]
- You have the right to consult a lawyer of your choice. This is also given under Article 22 of the Constitution of India, particularly clause 1.[12]
- You have a right to see the warrant if you are arrested under a warrant. This shall also be done in compliance with Section 75 of CrPC.[13]
CONCLUSION
Knowing your legal rights during police stops or arrests can help prevent possible abuse of power and can ensure that the law is carried out accordingly. These can vary in nature. Though sometimes there are some challenges such as traffic police doesn’t provide you with a valid reason to stop you. They detain your vehicle indefinitely without a legitimate reason. Sometimes you are not obligated to confess to an offense without legal representation.
The police are undoubtedly responsible for maintaining order, but they must operate within legal limits to respect public trust and responsibility. This helps understand the difference between a search warrant and an arrest warrant, among other rights to be taken while interacting with police. Understanding and being aware of these rights facilitates a positive relationship between law enforcement agencies and society, ensuring the justice and openness of the judiciary system.
Author(s) Name: Vishwa Pratap Singh (Delhi Metropolitan Education)
References:
[1] David H. Bayley, ‘LAW ENFORCEMENT AND THE RULE OF LAW: IS THERE A TRADEOFF?’(2002)2(1) Criminology & Public Policy < https://www.ojp.gov/ncjrs/virtual-library/abstracts/law-enforcement-and-rule-law-there-tradeoff> accessed on 12 January 2025
[2]“UNDERSTANDING SEARCH WARRANTS” https://www.legalmatch.com/law-library/article/differences-between-search-warrants-and-arrest-warrants.html accessed on 12 January 2025
[3] ibid
[4] Constitution of India, art 20(3).
[5] Constitution of India, art 21.
[6] Yashika, STOPPED BY A TRAFFIC POLICE? HERE’S WHAT YOU NEED TO KNOW ABOUT YOUR RIGHTS < https://www.cardekho.com/advisory-stories/driving/stopped-by-a-traffic-police-heres-what-you-need-to-know-about-your-rights-33185.htm> accessed on 14 January 2025
[7] “KNOW YOUR RIGHTS WHEN YOU ARE ARRESTED” < https://www.crpc.in/know_your_rights.html > accessed on 15 January 2025
[8] Constitution, art 22.
[9] Code of Criminal Procedure, s 75.
[10] Code of Criminal Procedure, s 50.
[11] Constitution of India, art 22(2).
[12] Constitution of India, art 22(1).
[13] Code of Criminal Procedure, s 75.
