You are viewing the translated version of Power To Arrest.
Section 58
Power To Arrest
(1) If it is necessary to arrest any person in the course of investigating into any offence under this Act, the investigating authority shall make an application, accompanied by the reason therefor and description setting out the identification of such person, to the adjudicating authority for permission to arrest such person.
(2) If the reason for the arrest seems reasonable from the application referred to in sub-section (1), the adjudicating authority may give permission to issue a warrant for arrest.
(3) The investigating authority, forest related employee or security personnel shall arrest the person under the warrant for arrest referred to in sub-section (2) and produce him or her before the adjudicating authority within twenty-four hours exclusive of the time required for the journey.
(4) Notwithstanding anything contained in sub-section (1), if there is a reasonable ground that the person committing the offence may escape or destroy evidence, exhibit or proof if he or she is not arrested immediately or if any person related to the offense who has remained absconded is found or is found committing the offence, the investigating authority, forest related employee or security personnel shall immediately issue a warrant of arrest to him or her, arrest him or her and produce him or her, along with the matter, before the case adjudicating authority for approval.
Provided that if the person to be so arrested is a woman, a forest related woman employee or woman security personnel shall be assigned as far as possible.
(5) In case it is required to remand the person arrested in connection with any offence and keep on investigation because the investigation cannot be completed within twenty-four hours, the employee making investigation shall present him or her before the adjudicating authority and shall remand him or her only by obtaining the permission of the adjudicating authority. In so asking for
permission, the charge against the person held in detention, ground thereof, the reason for making investigation by holding him or her in detention and content of the statement made by him or her, if any, shall be set out clearly.
(6) If permission is sought for remanding to custody pursuant to sub-section (5), the case trying authority shall examine the concerned documents, consider whether or not investigation is being made satisfactorily, and may, if it seems that investigation is being made satisfactorily, give permission to remand him or her in custody for a period not exceeding twenty-five days at several times.
(2) If the reason for the arrest seems reasonable from the application referred to in sub-section (1), the adjudicating authority may give permission to issue a warrant for arrest.
(3) The investigating authority, forest related employee or security personnel shall arrest the person under the warrant for arrest referred to in sub-section (2) and produce him or her before the adjudicating authority within twenty-four hours exclusive of the time required for the journey.
(4) Notwithstanding anything contained in sub-section (1), if there is a reasonable ground that the person committing the offence may escape or destroy evidence, exhibit or proof if he or she is not arrested immediately or if any person related to the offense who has remained absconded is found or is found committing the offence, the investigating authority, forest related employee or security personnel shall immediately issue a warrant of arrest to him or her, arrest him or her and produce him or her, along with the matter, before the case adjudicating authority for approval.
Provided that if the person to be so arrested is a woman, a forest related woman employee or woman security personnel shall be assigned as far as possible.
(5) In case it is required to remand the person arrested in connection with any offence and keep on investigation because the investigation cannot be completed within twenty-four hours, the employee making investigation shall present him or her before the adjudicating authority and shall remand him or her only by obtaining the permission of the adjudicating authority. In so asking for
permission, the charge against the person held in detention, ground thereof, the reason for making investigation by holding him or her in detention and content of the statement made by him or her, if any, shall be set out clearly.
(6) If permission is sought for remanding to custody pursuant to sub-section (5), the case trying authority shall examine the concerned documents, consider whether or not investigation is being made satisfactorily, and may, if it seems that investigation is being made satisfactorily, give permission to remand him or her in custody for a period not exceeding twenty-five days at several times.