Criminal Procedure Code 1973 outlines the law regarding arrest in India. Arrest involves the deprivation of personal liberty by legal authority and is the first step in criminal proceedings against a suspected person. There are two types of arrest - one made pursuant to a warrant and one made without a warrant but according to a legal provision. Police officers, magistrates, and private citizens are all authorized to make arrests under specific circumstances defined in the Code. Upon arrest, an individual has certain rights like being informed of the grounds for arrest and the right to bail. Landmark cases like DK Basu v. State of WB have further defined important protections that must be followed during the arrest and detention process.
Criminal Procedure Code 1973 outlines the law regarding arrest in India. Arrest involves the deprivation of personal liberty by legal authority and is the first step in criminal proceedings against a suspected person. There are two types of arrest - one made pursuant to a warrant and one made without a warrant but according to a legal provision. Police officers, magistrates, and private citizens are all authorized to make arrests under specific circumstances defined in the Code. Upon arrest, an individual has certain rights like being informed of the grounds for arrest and the right to bail. Landmark cases like DK Basu v. State of WB have further defined important protections that must be followed during the arrest and detention process.
Criminal Procedure Code 1973 outlines the law regarding arrest in India. Arrest involves the deprivation of personal liberty by legal authority and is the first step in criminal proceedings against a suspected person. There are two types of arrest - one made pursuant to a warrant and one made without a warrant but according to a legal provision. Police officers, magistrates, and private citizens are all authorized to make arrests under specific circumstances defined in the Code. Upon arrest, an individual has certain rights like being informed of the grounds for arrest and the right to bail. Landmark cases like DK Basu v. State of WB have further defined important protections that must be followed during the arrest and detention process.
Criminal Procedure Code 1973 outlines the law regarding arrest in India. Arrest involves the deprivation of personal liberty by legal authority and is the first step in criminal proceedings against a suspected person. There are two types of arrest - one made pursuant to a warrant and one made without a warrant but according to a legal provision. Police officers, magistrates, and private citizens are all authorized to make arrests under specific circumstances defined in the Code. Upon arrest, an individual has certain rights like being informed of the grounds for arrest and the right to bail. Landmark cases like DK Basu v. State of WB have further defined important protections that must be followed during the arrest and detention process.
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Criminal Procedure Code 1973
ARREST What is Arrest?
First step in criminal proceedings against a
suspected person. Literal meaning of “Arrest”, Deprivation of personal liberty by legal authority. Arrest may be actual physical restraint of the person arrested or voluntary submission to the custody of the person making the arrest. Depriving a person of his own will and liberty binding him to become obedient to the will of law. Contd….
Criminal Procedural Code 1973, Chapter
V (Section 41 to 60) talks about Arrest of a person but it does not define arrest anywhere. Nor is arrest defined anywhere in IPC. Halbury’s Laws of England, The word Arrest is defined as the apprehension or restraint or deprivation of one’s personal liberty. The hon’ble SC cited the meaning in State of Haryana v. Dinesh Kumar (2008)3SCC222 Purpose of Arrest
The purpose of an arrest is to bring the arrestee
before a court or otherwise to secure the administration of the law. (Answer a criminal charge) 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. (Preventing the commission of a criminal offence) Custody and Arrest are not same. Two types of Arrest
Arrest made in pursuance of warrant issued
by a magistrate. Arrest made without warrant, but made in accordance with some legal provision permitting such an arrest. Who can arrest?
Arrest by Police, Magistrate, and Private
Persons S41(1) CrPC Any police officer without an order from a Magistrate and without warrant arrest any person. S42 allows a police officer to arrest a person for a non-cognizable offence if he refuses to give his name and residence. Arrest by private person 43(1) S 43(1) A private person may arrest any person who commits a non-bailable and cognizable offence in his presence, or any proclaimed offender. The private person must take the arrested person to the nearest police station without any reasonable delay and hand him over to custody. Arrest by magistrate CrPc 44(1) When an offence is committed in his presence, the magistrate wheter Executive or Judicial may himself arrest, or order any person to arrest the offender and commit him to custody. Magistrate has wider power than private citizens. Magistrate can arrest on any offence and not only in cognizable offence. S.45 Protection of members of Armed forces from arrest. How arrest is done
S. 46 describes modes of arrest.
The arrester shall actually touch or confine the body of the person arrested. 46(2) If person forcibly resists or evades arrest, then police can use all means necessary to arrest. 46(3) no right to cause death of person who is not accused of an offence punishable with death or imprisonment for life. Special protection to females 46(4) In 2005, new provision was inserted that forbids the arrest of a women after sunset and before sunrise, except in exceptional circumstances in which case arrest should be made by a female police officer after making a written report and after obtaining a prior permission from Judicial Magistrate of first class. S47 explains search of a place entered by the person sought to be arrested. S48 pursuits of offenders into other jurisdictions. S. 49 An arrested person must not be subjected to more restraint than is necessary to prevent him from escaping. Rights of an Arrested Person
Right to know the grounds of arrest S.50(1).
Right to be informed of the provision for bail S50(2). Right to be taken to the magistrate without delay S.56 (without warrant), S.76 (with warrant), A.22 (2). Right to consult legal practitioner. A.22(1), S.303 CrPC. Right to free legal aid. S.304 CrPC Right to be informed about arrest to friends or relatives.S.50A (D.K.Basu v. State of WB) Right to be examined by medical practitioner.S.54 CrPC D K Basu v. State of WB The police personnel carrying out the arrest should bear clear identification togs with their designations. The particulars of all such police personnel who handle interrogation of the arrestee must be recorded in a register. That the police officer carrying out the arrest of the arrestee shall prepare a memo of arrest at the time of arrest a memo shall be attested by atleast one witness who may be either a member of the family of the arrestee or a respectable person of the locality from where the arrest is made. It shall also be counter signed by the arrestee and shall contain the time and date of arrest. A person who has been arrested or detained and is being held in custody in a police station or interrogation center or other lock-up, shall be entitled to have one friend or relative or other person known to him or having interest in his welfare being informed, as soon as practicable, that he has been arrested and is being detained at the particular place, unless the attesting witness of the memo of arrest is himself such a friend or a relative of the arrestee. The time, place of arrest and venue of custody of an arrestee must be notified by the police where the next friend or relative of the arrestee lives outside the district or town through the legal Aid Organization in the District and the police station of the area concerned telegraphically within a period of 8 to 12 hours after the arrest. The person arrested must be made aware of this right to have someone informed of his arrest or detention as soon he is put under arrest or is detained. An entry must be made in the diary at the place of detention regarding the arrest of the person which shall also disclose the name of the next friend of the person who has been informed of the arrest and the names and particulars of the police officials in whose custody the arrestee is. The arrestee should, where he so requests, be also examined at the time of his arrest and major and minor injuries, if any present on his/her body, must be recorded at that time. The “Inspection Memo” must be signed both by the arrestee and the police officer effecting the arrest and its copy provided to the arrestee. The arrestee should be subjected to medical examination by trained doctor every 48 hours during his detention in custody by a doctor on the panel of approved doctors appointed by Director, Health Services. Copies of all the documents including the memo of arrest, referred to above, should be sent to the Magistrate for his record. The arrestee may be permitted to meet his lawyer during interrogation, though not throughout the interrogation. A police control room should be provided at all district and state headquarters, where information regarding the arrest and the place of custody of the arrestee shall be communicated by the officer causing the arrest, within 12 hours of effecting the arrest and at the police control room it should be displayed on a conspicuous notice board. Thank You