Home Ministry empowers Assam Rifles to arrest, search sans warrant in northeastern states

NEW DELHI: The Home Ministry on Thursday issued a notification saying that the personnel of Assam Rifles can arrest anyone and search a place without warrant in northeastern states of Assam, Arunachal Pradesh, Manipur, Nagaland and Mizoram.

The notification said that "an officer of the rank corresponding to that of the lowest rank of members of the Assam Rifles" has been given these powers under the Code of Criminal Procedure.

Assam Rifles personnel will exercise these powers and discharge their duties "under sub-section(1) of section 41, sections 47, 48, 49, 51, 53, 54, 149, 150, 151 and 152 of the CrPC within the local limits of the area comprised within the border districts of Assam, Arunachal Pradesh, Manipur, Nagaland and Mizoram", the notification said.

As per Section 41 of the CrPC, 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, PTI reported.

Section 48 of CrPC states that 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. Section 49 says the person arrested shall not be subjected to more restraint than is necessary prevent him from escaping.

The Assam Rifles, which also guards the highly volatile India-Myanmar border, is the main counter-insurgency force in the Northeast.

The Armed Forces (Special Powers) Act, which is in effect in some parts of the Northeast, gives similar powers to the Indian Army operating in the region. 

(with PTI inputs)