Who is liable
A person can be liable for false imprisonment not only if they directly arrest or detain someone, but also if they actively promoted or caused the arrest or detention. If someone makes a false complaint to police that gets another person arrested, they are liable for damages from false imprisonment. To determine liability, one must consider whether the person was just providing information, or actively instigating, promoting, and inciting the arrest and imprisonment. Under criminal procedure law, a police officer may arrest someone against whom a reasonable complaint has been made or credible information received, as long as reasonable suspicion exists. The arrest must be justified by establishing it was lawful and based on at least reasonable suspicion.
Who is liable
- 1. Who is liable? A person may be liable for false imprisonment not only when he directly arrests or detains the plaintiff, but also when he was active in promoting or causing the arrest or detention.
- 2. If a person gets another arrested by police on a false complaint, he is liable for damages for false imprisonment. Did the person merely give information or was he the instigator, promoter and active inciter of the arrest and imprisonment.
- 3. Arrest by Public Officer Sec 41 ( 1) of Cr. P.C 1973 provides that a Police Officer may arrest a person who has been concerned in any cognizable offence, or against whom a resonable complaint has been made or credible information has been received or a reasonable suspicion exits of having been so concerned.
- 4. Existence of reasonable suspicion- Minimum requirement Person shall be informed of the grounds for such arrests Right to consult and to be defended by a legal practitioner Every person arrested and detained as to be brought before a Magistrate within a period of twenty four hours of such arrest, excluding the time necessary for the journey and no such person shall be detained in custody beyond the period without the authority of a Magistrate. Article 22(1).
- 5. Shabban Bin Hussain v Chong Fook Kam, ( 1969) 3 All Er Lord Devlin said: An arrest occurs when a police officer states in terms that he is arresting or when he uses force to restrain the individual concerned. It occurs also when by words or conduct he makes it clear that he will, if necessary, use force to prevent the individual from going where he may want to go. In order to have a reasonable suspicion the officer need not have evidence amounting to a prima facie case: Suspicion in its ordinary meaning is a state of conjecture or surmise where proof is lacking: I suspect but I cannot prove.
- 6. Arrest involves trespass to the person, the onus lies on the arrestor to justify the trespass by establishing that the arrest was lawful and was made at least on reasonable suspicion. Even where the Police has a reasonable