ASSAM RIFLES

Feb. 22, 2019

Assam Rifles, deployed along the Myanmar border, has been empowered by the Union Government to arrest anyone and search a place without warrant in the border districts of Assam, Arunachal Pradesh, Manipur, Nagaland and Mizoram.

Recent decision: 

  • According to a Home Ministry notification, Assam Rifles has been empowered by the Union Government to arrest anyone and search a place without warrant in the border districts of Assam, Arunachal Pradesh, Manipur, Nagaland and Mizoram. 

  • An officer of the rank corresponding to that of the lowest rank of members of the Assam Rifles” has been given these powers under sub-section(1) of section 41, sections 47, 48, 49, 51, 53, 54, 149, 150, 151 and 152 of the Code of Criminal Procedure (CrPC). They have to hand over the suspects to the local police within 24 hours. 
    • Section 41 of the CrPC states that any police officer may, without an order from a magistrate and without a warrant, arrest any person. 

    • Section 47 gives powers for search of place entered by person sought to be arrested. 

    • Section 48 says a police officer may, for the purpose of arresting without warrant any person whom he is authorised to arrest, pursue such person into any place in India. 

    • According to Section 49, the person arrested shall not be subjected to more restraint than is necessary to prevent his escape. 



Comment: 

  • Earlier, Assam Rifles was making arrests only in areas where the Armed Forces (Special Powers) Act was in effect.

  • But this was making it difficult for them to make seizures and arrest in Mizoram, which doesn’t have AFSPA. The new order is to basically correct that anomaly.

Source : The Hindu