Empowering the Assam Rifles personnel, the central government has
given the power to arrest anyone and search a place without a warrant in
the northeastern states of Assam, Arunachal Pradesh, Manipur, Nagaland
and Mizoram.
According to a notification from the Home Ministry, “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.
The notification further read that the 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”.
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 the search of a place entered by the person
sought to be arrested.
Section 48 says a police officer may, for the purpose of arresting
without warrant any person whom he is authorized 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.
The Assam Rifles is the oldest leading paramilitary force of India. It also guards the sensitive India-Myanmar border.
The Armed Forces (Special Powers) Act, which is operational in some
parts of the Northeast, also gives similar powers to the Army operating
in the region.
