NDLI: State of U.p. Vs. Niyamat & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Arrest without warrant
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Indian Penal Code (45 of 1860) Code of Criminal Procedure, 1973 (2 of 1974)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Criminal Procedure Code, 1973: s. 41-Arrest without warrant- When unlawful. Indian Penal Code, 1860: ss. 97 & 99-Reasonable apprehension of death or grievous hurt-Right of private defence-Whether available-Rescue of persons unlawfully arrested-Use of force-Whether permissible.The respondents, said to be armed with spears pharsas and Iathis, were alleged to have assaulted the police party returning after apprehending a suspect villager, resulting in the death of the informer and grievous injuries to the constables, and to have secured the release of the suspect. They were also alleged to have snatched the private gun and belt of cartridges from the constable. The incident took place at night. They were convicted by the trial court under s. 302 read with s.149, and ss. 395 and 147 I.P.C. The High Court on appraising the evidence and the FIR came to the conclusion; (i) that the sole object of the respondents in going to the place of occurrence was only to rescue the suspect and not to assault or murder anyone; (ii) that the arrest of the suspect by the police was absolutely unjustified and not legal since no material had been produced either to indicate his involvement in a cognizable offence or for causing reasonable suspicion, therefore, the respondents had a right to get the suspect rescued from custody; (iii) that the respondents did not use force till one of the constables tried three shots, one after another, which was sufficient to cause a reasonable apprehension of either death or grievous hurt in the minds of the respondents, therefore they were acting in the right of private defence; (iv) that none of the respondents made any attempt on the life of the informer till he himself intervened to help the constable, and held that as such it could not be said that they were members of an unlawful assembly or were committing rioting when they used force. In the premises, the Court recorded acquittal of the respondents.In the appeal to this Court it was contended for the State: (1) that even if the arrest of the suspect was not legal, in view of s. 99 I.P.C. right of private defence was not available to the respondents under s. 97 I.P.C. and they could have taken recourse to use lawful methods for rescuing the suspect rather than resorting to violence; and (2) that there was no cause for reasonable apprehension of serious injuries to the respondents, for the constable had fired shots in the air just to frighten the respondents and since it was moonlit night the respondents could have seen the direction in which shots were fired.
Judge	Hon'ble Mr. Justice G.L. Oza
Neutral Citation	1987 INSC 109
Petitioner	State Of U.p.
Respondent	Niyamat & Ors.
SCR	[1987] 2 S.C.R. 953
Judgement Date	1987-04-14
Case Number	335

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