Art 21 personal liberty, arrest and compensation

International Covenant on Civil and Political Rights

Adopted and opened for signature, ratification and accession by General Assembly resolution 2200A (XXI) of 16 December 1966
entry into force 23 March 1976, in accordance with Article 49

http://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx

Article 9

1. Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law.

2. Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest and shall be promptly informed of any charges against him.

3. Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release. It shall not be the general rule that persons awaiting trial shall be detained in custody, but release may be subject to guarantees to appear for trial, at any other stage of the judicial proceedings, and, should occasion arise, for execution of the judgement.

4. Anyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings before a court, in order that that court may decide without delay on the lawfulness of his detention and order his release if the detention is not lawful.

5. Anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation.

Art 19 and police act 1861

30. Regulation of public assemblies and processions and licensing of the same:-

(l) The District Superintendent or Assistant District Superintendent of Police may, as

occasion required, direct the conduct of all assemblies and processions on the public roads,

or in the public streets or thoroughfares, and prescribe the routes by which, and the times at

which, such processions may pass.

(2) He may also, on being satisfied that it is intended by any persons or class of

persons to convene or collect an assembly in any such road, street or thoroughfare, or to

form a procession which would, in the judgment of the Magistrate of the district, or of the

sub-division of a district, if uncontrolled, be likely to cause a breach of the peace, require by general or special notice that the persons convening or collecting such assembly

or directing or promoting such procession shall apply for a license.

(3) On such application being made, he may issue a license, specifying the names of

the licensees and defining the conditions on which alone such assembly or such procession

is to be permitted to take place, and otherwise giving effect to this section:

Provided that no fee shall be charged on the application for, or grant of any such

license.

(4) Music in the streets:- He may also regulate the extent to which music may

be used in streets on the occasion of festivals and ceremonies.]

COMMENTS

 The police is empowered to regulate public assemblies and processions and licensing of the same.

 Violation of any of conditions of the license granted under this section will entail penalty postulated by

section 32.

[3OA. Powers with regard to assemblies and processions violating conditions of

licence:- (l) Any Magistrate or District Superintendent of Police or Assistant District

Superintendent of Police or Inspector of Police or any police-officer in charge of a station

may stop any procession which violates the conditions of a license granted under the last

foregoing section, and may order it or any assembly, which violates any such conditions, as

aforesaid, to disperse.

 (2) Any procession or assembly which neglects or refuses to obey any order given

under the last preceding sub-section, shall be deemed to be an unlawful assembly].

COMMENTS

 Violation of any of conditions of a license issued under this section entails penalty stipulated

in section 32.

Negligence etc of police: provision of punishment

The Police Act, 1861
29. Penalties for neglect of duty, etc:- Every police-officer who shall be guilty of
any violation of duty or wilful breach or neglect of any rule or regulation of lawful order
made by competent authority, or who shall withdraw from the duties of his office without
permission, or without having given previous notice for the period of two months, 1
[or
who, being absent on leave shall fail, without reasonable cause, to report himself for duty
on the expiration of such leave] or who shall engage without authority in any employment
other than his police duty, or who shall be guilty of cowardice, or who shall offer any
unwarrantable personal violence to any person in his custody, shall be liable, on conviction
before a Magistrate, to a penalty not exceeding three months’ pay, or to imprisonment, with
or without hard labour, for a period not exceeding three months, or to both. 

the defence of bound by law in sec 76 IPC

It is difficult to let the students understand that a lower rank police personal is not bound by all orders of his superior. sec 76 does not provide any defence for an illegal order, bcz a police man is not bound by order of his boss but bound by law.
The Police Act, 1861 section 23 also makes it clear-

23. Duties of police-officers:- It shall be the duty of every police-officer promptly, to
obey and execute all orders and warrants lawfully issued to him by any competent authority; to
collect and communicate intelligence affecting the public peace; to prevent the commission of
offences and public nuisances; to detect and bring offences to justice and to apprehend all
persons whom he is legally authorised to apprehend, and for whose apprehension sufficient ground
exists; and it shall be lawful for every police-officer, for any of the purposes mentioned in this
section, without a warrant to enter and inspect, any drinking-shop, gaming-house or other place of
resort of loose and disorderly characters. 

Gender Justice AND Domestic Violence: New Zealand Bail Act 2000 MAKES SPECIAL PROVISION AND OTHER THINGS

http://www.legislation.sa.gov.au/LZ/C/A/BAIL%20ACT%201985.aspx

New Zealand Bail Act 2000

 

22 Conditions of Police bail granted to defendant charged with domestic violence offence

(1)In addition to the condition or conditions imposed under section 21B, a Police employee who grants Police bail to a defendant charged with a domestic violence offence may impose as a condition of the bail any condition that he or she considers reasonably necessary to protect—

o    (a)the victim of the alleged offence; and

o    (b)any particular person residing with the victim.

(2)In this section,—

domestic relationship has the same meaning as in section 4 of the Domestic Violence Act 1995

domestic violence offence means an offence against any enactment if the offence involves the use of violence against a person with whom the offender is, or has been, in a domestic relationship

violence has the same meaning as in section 3(2), (4), and (5) of the Domestic Violence Act 1995.

Section 22: replaced, on 4 September 2013, by section 13 of the Bail Amendment Act 2013 (2013 No 66).

23Bail and breach of protection order

·         (1)If a person is arrested under section 50 of the Domestic Violence Act 1995 and charged with an offence againstsection 49 of that Act, the person must not be released on bail by a Police employee under section 21 during the 24 hours immediately following the arrest.

(2)Nothing in subsection (1) limits or affects the obligation of the Police to bring a person who is charged with an offence before a court as soon as possible.

(3)If a person to whom subsection (1) applies is not brought before a court during the 24 hours immediately following the arrest, the person may, at the expiry of that period, be released on bail by a Police employee undersection 21.

(4)If a person to whom subsection (1) applies has also been charged with 1 or more other offences arising out of the same incident, the person must not be released on bail by a Police employee under section 21 in respect of any of those offences during the 24 hours immediately following the arrest for an offence against section 49 of the Domestic Violence Act 1995.

Compare: 1995 No 86 s 51

Section 23(1): amended, on 1 October 2008, by section 130(1) of the Policing Act 2008 (2008 No 72).

Section 23(3): amended, on 1 October 2008, by section 130(1) of the Policing Act 2008 (2008 No 72).

Section 23(4): amended, on 28 October 2009, by section 7 of the Bail Amendment Act 2009 (2009 No 45).

Section 23(4): amended, on 1 October 2008, by section 130(1) of the Policing Act 2008 (2008 No 72).

RULE OF LAW

In common law jurisdiction (and in ancient societies) king can do no wrong concept was prevalent. With the idea of rule of law it became clear that even king is not above law. Some enactments do acknowledge this fact. for ex -in New Zealand  Bail Act 2000 section 4 says: This Act binds the Crown.
Does this mean Crown may not be bound by some Act?