Inter-State Arrest Row Erupts after Delhi Police Action in Shimla

A day after a dramatic 24-hour face-off between personnel of the Delhi Police and the Himachal Pradesh Police, a legal debate has intensified over the powers of police forces when operating outside their home jurisdiction. The confrontation occurred after Delhi Police arrested three Indian Youth Congress workers — Saurabh, Siddharth and Arbaz — in Shimla in connection with the AI Summit shirtless protest case and brought them to the national capital.

The arrests reportedly led to tense scenes in Shimla, with local police questioning aspects of the operation and seeking clarification on procedural compliance. The standoff caused significant traffic disruptions and drew public attention, raising questions about how such situations are meant to be handled under Indian law.

The legal position on interstate arrests is primarily governed by the Code of Criminal Procedure. Under its provisions, particularly Section 48, a police officer is permitted to pursue and arrest an accused person anywhere in India. This means a police team from one state does not lose its authority simply because it crosses into another state’s territory. However, established practice and administrative protocols require that the visiting team inform and coordinate with the local police station to ensure smooth execution of the arrest and to prevent misunderstandings.

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Legal experts note that while prior permission from the local police is not legally mandatory in every case, failure to inform them can lead to friction and operational confusion. Coordination becomes particularly important when arrests are made in politically sensitive cases, as competing claims of jurisdiction or procedural lapses can quickly escalate into institutional confrontation.

Courts have repeatedly emphasised the importance of cooperation between state police forces to uphold both federal principles and the rights of the accused. Any allegation that due process was not followed — such as improper documentation, lack of transit remand, or failure to present the accused before a local magistrate within the stipulated time — can be challenged legally. However, unless a clear violation is established, an interstate arrest remains valid under the law.

The incident has now sparked broader discussion on whether clearer operational guidelines or standardised communication protocols are needed to prevent such face-offs in the future. While both police forces continue to stand by their actions, the episode underscores the delicate balance between legal authority and cooperative federalism in India’s policing framework.

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