Question : False Arrests

(a) whether the Government has or intends to investigate reports that Muslims, Dalits and Adivasis are most susceptible to false arrests, if so, the details thereof;

(b) the data on the annual number of false cases reported from 2014 till date, State-wise;

(c) whether there are any protocols for dealing with acknowledged false cases;

(d) if so, the details thereof including the protocols for reinvestigating such cases and compensation for falsely accused individuals and if not, the reasons therefor;

(e) whether the Government takes action against police officials who initiate false cases against minority groups; and

(f) if so, the details thereof and if not, the reasons therefor?

MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS
(SHRI AJAY KUMAR MISHRA)
(a) to (f): ‘Police’ and ‘Public Order’ are State subjects under the Seventh Schedule to the Constitution of India. The responsibilities to maintain law and order, protection of life and property of the citizens, including investigation, handling complaints on wrongful arrest of a person, and prosecution of crimes, rest with the respective State Governments. The State Governments are competent to deal with such offences under the extant provisions of laws and their respective police manuals. Data on wrongful arrests and false cases thereon, are not maintained centrally.
The Code of Criminal Procedure, 1973, provides for arrest of persons, and compensation payable to persons arrested groundlessly.
The Indian Penal Code 1860, provides for the States/ Union Territories to take action against police officials for falsely charging a person.
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