arrest before fir in pc act 1988
vireshkumarsingh
(Querist) 02 January 2012
This query is : Resolved
Is it legal to arrest a person a day
before registering FIR under PC ACT 1988 ?
Guest
(Expert) 02 January 2012
Has the official been caught red handed by taking a bribe?
s.subramanian
(Expert) 02 January 2012
No. Even in cases of trap, the FIR is registered on the complaint of the De facto complainant and then only the trap arrangements are made.
vireshkumarsingh
(Querist) 02 January 2012
subramanianji...please also tell that if some is arrested and then next day FIR is registered , can it be the ground for any relief at the stage of charge framing itself....if fact the complain letter submitted in the court is not signed by any officer of the anti curruption wing also there is no seal of the office as mark of receiving !!
Advocate. Arunagiri
(Expert) 02 January 2012
If it is a trap case, the defacto complainant has to give a complaint, FIR will be registered, his/her statements will be recorded, trap witnesses will be arranged, bribe money will be coloured, then only the trap team will move for trap.
I can give my opinion on seeing the FIR and the statement of the defacto complainant.
vireshkumarsingh
(Querist) 02 January 2012
I am sending copy of the Complain, the statement of the complainant is recorded nearly 3 months later after arrest and the FIR ..i will send FIR separately
A. A. JOSE
(Expert) 03 January 2012
Could you translate the complaint into English and send the same please.
dev kapoor
(Expert) 04 January 2012
Hi Viresh,
I can tell you but one thing that these are old police-tactics that they take the person or accused in custody but they not show in their register his custody/arrest unless FIR is registered.Otherwise also in criminal cases police power to take any person in custody on the basis of suspicion is unbridled.In ur case if the gentleman was arrested by police in the trap/red-handed bad in it but before registration of FIR,what is unlawful in it e.g.if the accused was caught red-handed on 03.01.2012 obviously FIR has to be registered after the cognizable offence is committed & not earlier.Regarding the fact that offence was complete on 03.01.2012,for example and FIR was registered on 04.01.2012,this certainly makes the case suspicious.
dev kapoor
(Expert) 04 January 2012
Mr.Viresh,
Regarding your quest, "....if some is arrested and then next day FIR is registered , can it be the ground for any relief at the stage of charge framing itself....if fact the complain letter submitted in the court is not signed by any officer of the anti curruption wing also there is no seal of the office as mark of receiving !! ", suffice it would be to say that 'suspicion is no ground for discharge.Instead the law is even if there is gravest suspicion charge has to be framed'.
Suggestion:Get the accused charged immediately & after close of prosecution evidence vigorously argue on gross suspicion.The facts narrated by you will help you that time.Good luck.
vireshkumarsingh
(Querist) 04 January 2012
thank you dev kapoorji for your valuable opinion..but some of the experts (e.g. Mr S. Subramanian ) have clearly mentioned that even in case of red handed FIR must precede the arrest. It was the case of red handed trap of a gazetted officer who was bearing complaint of demanding Rs 15000// to release a cheque of Rs twenty thousand only !!. Since PC ACT 1988 itself have not authorized " trap " as a method to verify a complain of demand of bribe..as the act simply says that ..during investigation of the matter of curruption arrest can be made. But the point is that can investigation begin without FIR ? If it can be done without lodging FIR and without even receiving and signing the complain, then it means it is just gang of some terrorists of dacoits having tag of goverment's anticurruption wing, who are allowed to roam here and there and arrest some one to humiliate just on the behest
of some mafia or to pacify wrath of some high profile superior officer ...and if all this can be done just by inspectors and constables...then ?????
Shonee Kapoor
(Expert) 08 January 2012
FIR can be registered after the arrest also,
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
