Civil Liberties Monitoring Committee. India

The power to arrest without a warrant should be exercised only after a reasonable satisfaction is reached, after some investigation, as to the genuineness and bonafides of a complaint and a reasonable belief as to both the person’s complicity as well as the need to effect arrest. [Joginder Kumar’s case- (1994) 4 SCC 260).

Arrest cannot be justified merely on the existence of power, as a matter of law, to arrest without a warrant in a cognizable case.
After Joginder Kumar’s pronouncement of the Supreme Court the question whether the power of arrest has been exercised reasonably or not is clearly a justiciable one.

Arrest in cognizable cases may be considered justified in one or other of the following circumstances:

1. The case involves a grave offence like murder, dacoity, robbery, rape etc. and it is necessary to arrest the suspect to prevent him from escaping
   or evading the process of law.
2. The suspect is given to violent behaviour and is likely to commit further offences.
3. The suspect requires to be prevented from destroying evidence or interfering with witnesses or warning other suspects who have not yet been
   arrested.
4. The suspect is a habitual offender who, unless arrested, is likely to commit similar or further offences.

Except in heinous offences, as mentioned above, an arrest must be avoided if a police officer issues notice to the person to attend the police station and not leave the station without permission. (see Joginder Kumar’s case (1994) SCC 260).

The power to arrest must be avoided where the offences are bailable unless there is a strong apprehension of the suspect absconding .
Police officers carrying out an arrest or interrogation should bear clear identification and name tags with designations. The particulars of police personnel carrying out the arrest or interrogation should be recorded, in a register kept at the police station