Don't harass people by misusing Section 188 of IPC: Delhi Police

New Delhi: In a strict communique to Delhi Police Station House Officers, the Commissioner of Police has now directed all policemen to make sure that they do not misuse Section 188 of the Indian Penal Code to unnecessarily harass members of the public. "Don't misuse section 188 of IPC for unnecessary harassment," the directive said.

Sources in the know said that Joint Commissioner of Police (Vigilance), in a circular, had said, "It has been noticed that a number of complaints are being received against police officials regarding misuse of Section 188 (Disobedience to obey order duly promulgated by public servant) of IPC during enforcement of lockdown guidelines."

The Joint CP is learnt to have added that "Section 188 IPC is being misused sometimes as a tool for unnecessary harassment. The Commissioner of Delhi Police has taken a serious view and has directed that all the SHOs shall scrutinize all arrests made or to be made in the FIRs registered under Section 188 IPC and ensure that the provision for arrests are exercised judiciously."

The circular was sent to all Special CPs, Joint CPs, Additional CPs, DCPs. According to the data (from March 22 to May 27), more than 22,000 cases were registered under Section 188 IPC. Offences under this act have resulted in the arrest of over 24,000 people from all over Delhi. There are currently 209 police stations in Delhi with more than 80,000 strong-force. A large section of city police were deployed to ensure the implementation of lockdown.

Other arrests

Apart from Section 188 of IPC, the Delhi Police has arrested nearly 2,200 people under the Epidemic Act and over 2,100 cases were registered under this act. From March 16 to May 27, the time when COVID-19 lockdown was in full force, 647 preventive arrests were also made.

Recently, Delhi Police has released its latest policing guidelines in light of the Coronavirus crisis. It mandated that arrest or removal of an individual should not be resorted to in a routine manner, but only in deserving cases. "In non-bailable offences, the accused be produced before the court at the earliest. He should not be kept unnecessarily in lockups and if lodged inside lockup, social distancing must be ensured," guidelines read.