Night Naka: Arrest, Search and the Crowd
At 22:10 on a cold night, you are on naka duty near the Jammu bus stand with no partner. A shopkeeper shouts that a man has knocked over his stall and pushed a woman who was buying tea. The man, smelling of alcohol, is swaying and shouting abuses. About 30 people have gathered; one youth picks up a stick. The man refuses to give his name or address and says, 'You cannot touch me.' The woman has a small bruise on her arm; the stall damage is about ₹3,000. A broken bottle lies near the man's feet, and there is a bulge in his jacket pocket. Your PCR van is six minutes away. You have a body-worn camera, a lathi and a wireless set. The crowd is now demanding that you 'teach him a lesson.'
1. Can you arrest the man without a warrant? Identify the factors you must weigh before deciding, and state what you would do about the crowd's demand for immediate punishment.
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First classify, then decide. The push causing a bruise may amount to voluntarily causing hurt; the stall damage may be mischief; the drunken abusive behaviour may be a public-nuisance or intoxication offence under the BNS. Not every such offence is cognizable, and even for a cognizable offence the BNSS does not require automatic arrest: the officer must have reason to believe arrest is necessary - for example, to prevent further violence, protect the woman and witnesses, secure evidence, or because the man refuses identification. The crowd's demand is not a lawful ground.
Immediate action: separate the man from the crowd and the woman from the man; if he keeps advancing, restrain him with minimum force. If he gives reliable identity and the offence is non-cognizable, use the notice/summons route and record the reasons. If he refuses identity and remains violent, arrest is defensible; record the grounds in the station diary and inform the control room. The judgment is not 'arrest because the crowd is angry' but 'arrest only if the legal necessity tests are met.'
2. How should you conduct the search of the man and deal with the broken bottle and the bulge in his pocket?
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Search only under legal authority - after arrest, the BNSS allows search of the arrested person and seizure of articles; a mere suspicion does not justify a public strip search. Do it in a controlled place, in the presence of two independent witnesses, and prepare a seizure memo/inventory for the broken bottle and pocket contents. The bottle is evidence: handle it by the neck, pack it separately, and note its exact location. If the pocket contains a weapon or contraband, seize it; if it contains ordinary personal items, list them and return unless relevant. A woman must be searched only by a female officer. Use the body-worn camera if available. Give the man a receipt for seized items and record any injuries on him. Do not empty his pockets in front of the crowd; that inflames the crowd and violates dignity. The reasoning is that lawful seizure depends on documentation and chain of custody, not on what the crowd sees.
3. What human-rights and crowd-control steps must you take for the woman, the man and the bystanders?
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The woman is the complainant and injured person: move her to the police post or hospital, arrange first aid, record her statement in a safe place, and offer a medical examination. The man also has rights: no public humiliation, no beating, no handcuffing unless necessary, medical examination if injured, right to inform a relative, and production before a Magistrate within 24 hours if arrested. For the crowd: identify the person with the stick, warn clearly, and request the PCR van; use the lathi only as a last resort and only to prevent imminent injury. Keep the man and the crowd separated. Brief the crowd that the law will take its course; do not promise punishment. Log the time of each step. This protects the case from allegations of excess force and protects the constable from being provoked into an unlawful act.