1) WHAT IS ARREST AND WHAT ARE THE TYPES OF ARREST?
ARREST:
An arrest is an act of apprehending and bringing a person into custody typically because the individual is suspected of or has been observed committing a crime.
Basically arrests are of two types,
(a) Arrest made with warrant
(b) Arrest made without warrant
ARREST BY WARRANT:
If a person commits an offence which is non-arrestable then a warrant is necessary to be issued. The police cannot make such kind of arrest without a warrant. The warrant is issued by a Judge or a Magistrate on behalf of the state.
In what grounds a person can be arrested with warrant:
Non-cognizable offence: Section 2(c) if such an offence has been committed, the police do not have the authority to arrest without a warrant. Police are not authorized to start an investigation into a non offence.
Section 155 of CRPC provides that a non-cognizable offense, he is supposed to enter the substance of the case in the station diary and refer the informant to approach the concerned Magistrate.
Examples of non-cognizable offences include cheating and forgery
ARREST WITHOUT WARRANT:
An arrest without a warrant means a police officer is entitled to arrest a person without any warrant cases where a person is a suspect of an arrestable offence.
In what grounds can a person be arrested with warrant:
Cognizable offence: if such an offence has been committed, the police may arrest a person without warrant. Police are authorized to start an investigation into a cognizable offence on their own and do not required any court orders to do so. It is nonbailable offence.
Section 154 of CRPC provides that under a Cognizable offense or case, the Police Officer has to receive the First Information Report (FIR) relating to the cognizable offense, which can be obtained without the Magistrate’s permission, and enter it in the General Diary to immediately start the investigation. An FIR sets the criminal law in motion.
Examples of cognizable offences include murder and rape.
2) CAN A PERSON APPLY FOR PASSPORT IF HE IS ON LEGAL TRAIT OR IF AN FIR IS
FILED ON HIM?
Yes person can apply for passport in India during the pendency of criminal proceeding. The passport authorities may issue passport to such person for limited period and may even seek court order for doing so.
To have a passport is the fundamental right of any Indian citizen, however, the person who is provided this privilege cannot avoid or ignore the law of the country and run away from any criminal prosecution therefore the court can always impose restrictions on the under-trail person for leaving the country. The holder of the passport can always be asked to surrender the passport to the police authorities or court when not travelling and with the permission of court he can travel and return back to India.
Section 6(2) in The Passports Act, 1967, Subject to the other provisions of this Act, the passport authority shall refuse to issue a passport or travel document for visiting any foreign country under clause (c) of sub-section (2) of section 5 on any one or more of the following grounds, and on no other ground, namely:
(a) that the applicant is not a citizen of India;
(b) that the applicant may, or is likely to, engage outside India in activities prejudicial to the sovereignty and integrity of India;
(c) that the departure of the applicant from India may, or is likely to, be detrimental to the security of India;
(d) that the presence of the applicant outside India may, or is likely to, prejudice the friendly relations of India with any foreign country;
(e) that the applicant has, at any time during the period of five years immediately preceding the date of his application, been convicted by a court in India for any offence involving moral turpitude and sentenced in respect thereof to imprisonment for not less than two years;
(f) that proceedings in respect of an offence alleged to have been committed by the applicant are pending before a criminal court in India;
(g) that a warrant or summons for the appearance, or a warrant for the arrest, of the applicant has been issued by a court under any law for the time being in force or that an order prohibiting the departure from India of the applicant has been made by any such court;
(h) that the applicant has been repatriated and has not reimbursed the expenditure incurred in connection with such repatriation;
(i) that in the opinion of the Central Government the issue of a passport or travel document to the applicant will not be in the public interest.