1.

MEANING OF ARREST

The term “Arrest” means apprehension of a person by legal authority so as to cause

deprivation of his liberty. Thus, after arrest, a person’s liberty is in control of the arrester.
In criminal law, arrest is an important tool for bringing an accused before the court and
to prevent him from absconding.

As per Legal Dictionary by Farlex, “Arrest” means “a seizure or forcible restraint; an

exercise of the power to deprive a person of his or her liberty; the taking or keeping of a
person in custody by legal authority, especially, in response to a criminal charge.” 1

The purpose of an arrest is to bring the arrestee before a court or otherwise to secure
the administration of the law. An arrest also serves the function of notifying the
community that an individual has been accused of a crime and also may admonish and
deter the arrested individual from committing other crimes. Arrests can be made in both
criminal and civil cases, although in civil matters, arrest is a drastic measure which is
not looked upon with favor by the courts.

In Indian law, Criminal Procedural Code 1973 (hereinafter referred to as CrPC), chapter
V (Section 41 to 60) talks about Arrest of a person but it does not define arrest
anywhere.

1
Legal Dictionary by Farlex
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 2. WHO CAN ARREST?

Arrest can be made by police officer, Magistrate or any private person, like you or me
can also arrest a person but that can made only in accordance with the legal provisions
mentioned in CrPC. CrPC exempts the members of Armed forces from being arrested
for anything done by them in discharge of their official duties except after obtaining the
consent of the government (section 45 CrPC).

Section 43 of CrPC- Arrest by Private person and procedure on such

arrest.-

(1) Any private person may arrest or cause to be arrested any person who in his
presence commits a non-bailable and cognizable offence, or any proclaimed offender,
and, without unnecessary delay, shall make over or cause to be made over any person
so arrested to a police officer, or, in the absence of a police officer, take such person or
cause him to be taken in custody to the nearest police station.

(2) If there is reason to believe that such person comes under the provisions of section
41, a police officer shall re-arrest him.

(3) If there is reason to believe that he has committed a non-cognizable offence, and he
refuses on the demand of a police officer to give his name and residence, or gives a
name or residence which such officer has reason to believe to be false, he shall be
dealt with under the provisions of section 42; but if there is no sufficient reason to
believe that he has committed any offence, he shall be at

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By Magistrate-:

According to section 44 of CrPC, Any Magistrate, whether Executive or Judicial,

may arrest a person when any offence is committed in his presence then he may
himself arrest or order any person to arrest the offender and thereafter, subject to the
provisions herein contained as to bail, may commit the offender to custody. CrPC, thus
empowers the magistrate to arrest any person under any circumstances

44.Arrest by Magistrate.-

(1) When any offence is committed in the presence of a Magistrate, whether Executive
or Judicial, within his local jurisdiction, he may himself arrest or order any person to
arrest the offender, and may thereupon, subject to the provisions herein contained as to
bail, commit the offender to custody.

(2) Any Magistrate, whether Executive or Judicial, may at any time arrest or direct the
arrest, in his presence, within his local jurisdiction, of any person for whose arrest he is
competent at the time and in the circumstances to issue a warrant.

By Military officer-:

A military officer may arrest under section 130 and 131 CrPC. Along with power to
disperse assembly, if needed, a military officer can also arrest any person if the
situation so requires.

Arrest by Police Officer A police officer may arrest without a warrant under Sections 41
(1) to 151 CrPC; under a warrant under Sections 72 to 74 CrPC; under the written order
of an magistrate.
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 3. ARREST WITH WARRANT

A police officer may arrest under a warrant under Sections 72 to 7

4 CrPC.

72.Warrants to whom directed.-2

(1) A warrant of arrest shall ordinarily be directed to one or more police officers; but the
Court issuing such a warrant may, if its immediate execution is necessary and no police
officer is immediately available, direct it to any other person or persons, and such
person or persons shall execute the same.

(2) When a warrant is directed to more officers or persons than one, it may be executed
by all, or by any one or more of them.

Warrant refers to the fact that any person has committed some kind of crime. The
magistrate issues warrant in cases which seems serious enough to be found. It maybe
directed to police officers but if they are available and the arrest is necessary, then any
private person may also be directed such warrant.

73.Warrant may be directed to any person.-3

(1) The Chief Judicial Magistrate or a Magistrate of the first class may direct a warrant
to any person within his local jurisdiction for the arrest of any escaped convict,

2
The Code of Criminal Procedure, Sec. 72,
3
The Code of Criminal Procedure, Sec. 73
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proclaimed offender or of any person who is accused of a non-bailable offence and is
evading arrest.

(2) Such person shall acknowledge in writing the receipt of the warrant, and shall
execute it if the person for whose arrest it was issued, is in, or enters on, any land or
other property under his charge.

(3) When the person against whom such warrant is issued is arrested, he shall be
made over with the warrant to the nearest police officer, who shall cause him to be
taken before a Magistrate having jurisdiction in the case, unless security is taken under
section 71.

74.Warrant directed to police officer.-

A warrant directed to any police officer may also be executed by any other police officer
whose name is endorsed upon the warrant by the officer to whom it is directed or
endorsed.

Any police officer whose name is endorsed may execute the warrant. The endorsement
must be done by the police officer to whom such warrant is directed. He may execute it
alone or along with other police officers.

A warrant under Section 73 is and can be issued for appearance before court only
and not before police and since authorization for detention in police custody is neither to
be given as a matter of course nor on the mere asking of the policy but only after
exercise of judicial discretion based on materials placed before him, it cannot be said
that warrant of arrest under section 73 could be issued by the courts solely for the
production of the accused before the police in aid of the investigation.4

4
State vs Dawood Ibrahim Kaskar, (1997) Cr.LJ 2989 (SC)
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 4. ARREST WITHOUT WARRANT

Under Sections 41, 42, 151 CrPC, a Police officer may arrest without warrant in the
following conditions: Who has been concerned in any cognizable offence or,

Who has in possession, without, lawful excuse, of any house breaking weapon or,

Who has been proclaimed as an offender either under CrPC or by order of the State
Govt. or,

Who is in possession of any stolen property or,

Who obstructs a police officer while in the execution of his duty or who has escaped, or
attempts to escape, from lawful custody or,

Who is reasonably suspected of being a deserter from any of the Armed forces of the
Union or,

Who has been concerned in any law relating to extradition or,

Who, being a released convict commits a breach of any rule made under sub-section
(5) of Section 356 CrPC or,

For whose arrest any requisition has been received from another police officer
specifying the person to be arrested and the offence and other cause for which the
arrest is to be made.

As held, the arrested person must be produced before another magistrate within 24
hours, otherwise his detention will be illegal.5

It was held that no arrest can be made merely because it is lawful to do so. There must
be a justifiable reason to arrest.

5
Swami Hariharanand Saraswati vs Jailer I/C Dist. Varanasi, 1954
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41.When police may arrest without warrant.-

(1) Any police officer may without an order from a Magistrate and without a warrant,
arrest any person-

(a) who has been concerned in any cognizable offence, or against whom a reasonable
complaint has been made, or credible information has been received, or a reasonable
suspicion exists, of his having been so concerned; or

(b) who has in his possession without lawful excuse, the burden of proving which
excuse shall lie on such person, any implement of house-breaking; or

(c) who has been proclaimed as an offender either under this Code or by order of the
State Government; or

(d) in whose possession anything is found which may reasonably be suspected to be

stolen property and who may reasonably be suspected of having committed an offence
with reference to such thing; or

(e) who obstructs a police officer while in the execution of his duty, or who has escaped,
or attempts to escape, from lawful custody; or

(f) who is reasonably suspected of being a deserter from any of the Armed Forces of the
Union; or

(g) who has been concerned in, or against whom a reasonable complaint has been
made, or credible information has been received, or a reasonable suspicion exists, of
his having been concerned in, any act committed at any place out of India which, if
committed in India, would have been punishable as an offence, and for which he is,
under any law relating to extradition, or otherwise, liable to be apprehended or detained
in custody in India; or

(h) who, being a released convict, commits a breach of any rule made under sub-
section (5) of section 356; or
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(I) for whose arrest any requisition, whether written or oral, has been received from
another police officer, provided that the requisition specifies the person to be arrested
and the offence or other cause for which the arrest is to be made and it appears there
from that the person might lawfully be arrested without a warrant by the officer who
issued the requisition.

(2) Any officer in charge of a police station may, in like manner, arrest or cause to be
arrested any person, belonging to one or more of the categories of persons specified in
section 109 or section 110.

As far as any private person is concerned,

Any private person may arrest or cause to be arrested any person who in his presence
commits a non-bailable and cognizable offence, or any proclaimed offender, and,
without unnecessary delay, shall make over or cause to be made over any person so
arrested to a police officer, or, in the absence of a police officer, take such person or
cause him 10 be taken in custody to the nearest police station.

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Magistrate can arrest without warrant if:

If any person commits any offence within the local jurisdiction of and in the presence of
such Magistrate

Any person within his local jurisdiction for whose arrest he is competent to issue a
warrant

Section 151 of CrPC provides for arrest to prevent the commission of cognizable
offences. This statutory provision empowers the police to arrest any person, without
orders from a Magistrate and without warrant, “if it appears to such officer” that such
person is designing to commit a cognizable offence and that the commission of offence
cannot be prevented otherwise.

The bare perusal of the aforesaid legal provision reflects that the legislative intent is to
prevent commission of a non-bailable and cognizable offence.6

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 5. CONCLUSION

Arrest has nowhere been defined in CrPC but it has been used in many places as it is
an essential part of criminology. There are many who can arrest a person apart from the
police officer like a private person may also arrest a person and a magistrate may also
arrest anyone who he deems worthy of being arrested by commiting any cognizable
offence.

Warrant is usually issued for arrest which maybe executed by police officers or other
individuals subject to such necessity. However, there are also certain person to prevent
him from commiting any cognizable offence or after such person commits any
incognizable offence in their presence.

CrPC clearly explains all those conditions and all those procedures relating to
arrest with or without warrant which is necessary to know and also helps us understand
the importance of the law system helping us in each step of this process.

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 6. BIBLIOGRAPHY

1. THE CODE OF CRIMINAL PROCEDURE by SN MISRA

2. THE CODE OF CRIMINAL PROCEDURE (1973), Bare Act.

3. CRPC, Laws and Provisions by Alok Sharma

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