Arrest Without Warrant under the Bihar Special Armed Police Act, 2021: Are the Provisions Unconstitutional?
The newly enacted Bihar Special Armed Police Act, 2021 [Bihar Act 03, 2021] has been in discussions in and out the political circles of the state. The bill which was passed amidst unprecedented ruckus in the Legislative Assembly of Bihar on March 23 received the assent of the Governor the following day. The members of opposition in the assembly sat in protest of the bill outside the speaker’s office claiming that the act would mean giving police undeterred powers to exploit the public. There are claims and counterclaims from all the sections and they were alleged to have been manhandled and beaten by the police when they refused to vacate the office. The two major concerns of the opposition regarding the bill are; that it gives police special powers to arrest anyone without warrant merely on the basis of apprehension and the other relating to bar over courts from taking cognizance of any offence committed by police officers; as it reflected upon from the claims in the briefing by the...