Can someone else be arrested instead of a suspect?


A few days ago, the police came to arrest a certain person in Elpitiya area, and because the concerned person was not at home, they arrested his son. After the incident recorded in the CCTV cameras of the house was publicized by the media, there is a discussion in the society whether the son can be arrested instead of the father. I thought it would be good to know a little about the legality of the arrests by the police. Then everyone will be able to be aware of the law and intervene in their own problem as well as someone else's problem. 

 

 When can the police arrest someone?

 

  • Where there is a warrant for the arrest of a person.

  • When a person commits or has committed a criminal offence.  

• When it is reasonably suspected that a person suspected of a criminal offense will abscond.  

• When necessary to prevent the destruction of evidence of a crime.  

• When it is necessary to prevent influencing a witness testifying in relation to a crime. 

 • When a person is suspected of having committed a crime following a police investigation. 

 

 What is the legal status of arrest?  

 

The Criminal Procedure Code Act No. 15 of 1979 lays down the legal provisions on how a person should be taken into custody. Section 23 of the same provides in this regard.  

Section 23(1) - In taking a person into custody, the person making the arrest shall not actually touch or hold the body of the person arrested unless the person being taken into custody consents by word or deed to his arrest. to be taken into custody; Moreover, the person who is taken into custody should be informed of the nature of the charge or accusation if he is taken into custody on the basis of any accusation or accusation. 

 

  What are the rights of a person who is arrested? 

 

 • Knowing the reason or reasons for his arrest 

 • When a woman is searched, it should be done by a woman officer or any other suitable woman. 

 Can someone else be arrested instead of the suspect? 

no way. It is absolutely impossible to arrest the spouse, parents, children or other relatives at home instead of the suspect to be arrested. There is no law for such arrest in any legal document, and such arrest is completely illegal.

  How can the police do that?  

When the police come to arrest someone, if other people in the house interfere with it or behave in a way that interferes with the duty of the police officers, then there is a legal possibility to arrest other people in that house under the charge of obstructing the duty. When the police go to arrest a person, even without any such interference, when someone else is arrested in the house instead of the concerned person, if necessary, the arrested person will be presented to the court under the charges of obstructing their duty or hiding a criminal. 

 

 Why arrest a child at home?

 Usually, a child at home is arrested instead of the suspect on charges of obstructing duty, hiding a criminal, but in most cases, those children have not done such obstruction. They arrest a child in the hope that the father will soon report to the police. In the past, children have been arrested instead of their fathers. In April 2009, the Narahenpita police came to a house on Suvisuddharama Road and took his 15-year-old son into custody instead of the father. In March 2017, Borella Police Division's anti-corruption unit arrested his 16-year-old son instead of a suspect. The child was later saved with the intervention of the Sri Lanka Human Rights Commission. Police Media Spokesperson DIG Priyantha Jayakodi has also stated that an investigation will be conducted against the officers who made the relevant arrest.

 

  In March 2018, the Yakkalamulla Police arrested his 16-year-old son instead of a warrant officer in Nakiadeniya area. The suspect's son has been released after a protest held by the villagers of Galle, Udugama and Nakiadeniya.  

What happens when you are arrested? 

 • The police should provide full security to the arrested person. 

 • The arrest receipt should be given to the suspect as soon as possible. 

 • When a woman is arrested, she should be kept under a woman officer.  

• Detention of a child must be under the care of an adult. 

 • The suspect should be allowed to meet his relatives and a lawyer. 

 • The health and mental condition of the suspect should be investigated and documented. 

 • Suspect should be provided with necessary food and medicine during his detention. 

 • If oral answer is taken from the suspect, it should be taken in his mother tongue.  

• Information cannot be coerced from the suspect. 

 • Must be produced before a Magistrate or released within 24 hours of arrest. 

 

 What if your relative is illegally arrested?  

• Complain through the “Tell the Police” website. 

 • Complain to the local Superintendent of Police office. 

 • Call the phone number of the Human Rights Commission and complain. 

 • Go to the police with a lawyer

What happens if you are arrested illegally? 

 The Constitution of Sri Lanka has stated what are the fundamental rights in the law of Sri Lanka. Accordingly, 

Article 13(1) of the Constitution states that a person should be arrested as prescribed by law. 

 Article 13(1) - No person shall be detained except in accordance with the procedure prescribed by law. A person is taken into custody for a reason and that reason should be communicated to that person. It means that by illegally arresting someone, it can be said that the fundamental rights of the concerned person are being violated. Arresting the son instead of the father is also an illegal arrest. 

 

 What to do after getting out of illegal arrest? 

 • In case of assault, enter a government hospital and obtain a medical report 

 • Submitting a petition to the Chief Justice or a Supreme Court Judge within one month.  

• Transfer of fundamental rights case of Supreme Court within one month. 

 • Complain to the Human Rights Commission within one year.

  • If a complaint has been made to the Chief Justice or a Supreme Court judge or to the Human Rights Commission within one month of the violation of fundamental rights, a fundamental rights petition can be filed with the Supreme Court even after one month has passed. 

 

 What happens in a Fundamental Rights Petition? 

 • Compensation as relief if fundamental rights are proved to have been violated 

 • Being able to take disciplinary action against the relevant officials. 

 Which agencies should I complain about an illegal arrest? 

 • Police Headquarters – 011 2327711-13, 011 2421111 Fax – 011 2329040 

 • Police Relief Cell – 011 2430913 Fax – 011 2430914 

 • Police Information Cell – 011 2444444 

 • Police emergency calls – 119  

• Police website – www.police.lk 

 • Human Rights Commission – 011 2505580 - 83 Fax – 011 2505574, 011 2505523 

 • Human Rights Commission Hotline – 1996, 011 2505575

  • Human Rights Commission website – www.hrcsl.lk  

• Inspector General of Police, New Secretariat, Colombo 01 (igp@police.lk)  

• Attorney General, Attorney General's Department, Colombo 12 (ag@attorneygeneral.gov.lk) 

 • Secretary, National Police Commission, Building No. 9, BMICH, Bauddaloda Mawatha, Colombo 07 (info@npc@gov.lk)

  • Secretary, Human Rights Commission, no. 14, R.A. The Mel Mawatha, Colombo 04 (sechrcsl@gmail.com) 

 Be aware of the law.  

Resist wrongdoing to yourself or others.