Assam Rifles can now arrest or search without any warrant in NE

February 21: In a significant development, the central government has given the power to Assam Rifles to arrest anyone and search a place without a warrant in the northeastern states of Assam, Arunachal Pradesh, Manipur, Nagaland and Mizoram. In a notification issued by the Home Ministry, it was stated: ‘an officer of the rank corresponding to that of the lowest rank of the members of Assam Rifles’ has been given these powers under the Code of Criminal Procedure(CrPC).

The said notification further stated 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.” The paramilitary force is under the control of the Ministry of Home Affairs.

Section 41 of the CrPC states that a police officer without a warrant may arrest a person. Section 47 gives powers for search of place entered by person sought to be arrested. Section 48 gives the police officer the power to pursue an offender into other jurisdictions. Section 49 states that the person arrested shall not be subjected to more restraint than is necessary to prevent his escape.

The Assam Rifles came into being in 1835, as a militia called the ‘Cachar Levy’. With approximately 750 men, this Force was formed to primarily protect British Tea estates and their settlements against tribal raids. The Post-Independence role of the Assam Rifles continued to evolve ranging from conventional combat role during Sino-India War 1962, operating in foreign land as part of the Indian Peace Keeping Force (IPKF) to Sri Lanka in 1987 (Op Pawan) to peacekeeping role in the North-Eastern areas of India in the face of growing tribal unrest and insurgency. Assam Rifles has grown substantially over the years from 17 battalions in 1960 to 46 battalions at present with a sanctioned strength of 63747 personnel. The Force also has a Training Centre and a number of Logistics Units.