2. TYPES OF
ARREST
• ARREST BY POLICE WITHOUT
WARRANT (S. 41)
• ARREST BY NON-COGNISABLE
OFFENCES (S.42)
• ARREST BY PRIVATE PERSON (S.43)
• ARREST BY MAGISTRATES (S.44)
• PROTECTION OF MEMBERS OF ARMED
FORCES FROM ARREST (S. 45)
3. • PROCEDURE OF ARREST (S.46)
• SEARCH OF PLACE ENTERED BY
PERSON SOUGHT TO BE ARRESTED
(S.47)
• PURSUIT OF OFFENDERS INTO
OTHER JURISDICTIONS (S.48)
• NO UNNECESSARY RESTRAINT (S. 49)
• RIGHT OF AN ARRESTED PERSON (S.
50, 50A, 51,52, 53, 54, 54A, 55-60)
4. ARREST
• CHAPTER V CrPC
• SECTION 41 – 60
• Arrest is the first step in criminal proceedings
against a suspected person.
• Is the taking of a person into custody in order
that he maybe bound to answer for the
commission of an offense.
• Code has not defined the term “Arrest”.
5. MEANING
Apprehension of a person by legal authority
resulting in deprivation of his liberty.
It may be actual restraint of the person to be
arrested, or by his submission to the custody of
the person making the arrest.
It signifies restraint on person, depriving one
of his own will and liberty, binding him to
become obedient to the will of the law.
6. “A person who, being suspected by a police
officer of having committed an offense, was
invited by the latter and who voluntarily went
with him, was considered arrested, for arrest
includes submission to the custody of the person
making the arrest.
The basis for his arrest being merely on suspicion,
his arrest was illegal.”
It is enough that there be an intent on the part of
one of the parties the arrest the other and an intent
on the part of the other to submit, under the belief
and impression that submission is necessary
7. ARREST Vs CUSTODY
‘Custody’ and ‘Arrest’ don’t have samemeaning.
Taking of a person into judicial custody is
followed after the arrest of the person by
Magistrate on appearance or surrender.
In every arrest there is custody but not vice versa.
Mere taking into custody of a person an authority
empowered to arrest may not necessarily amount
to arrest.
8. PURPOSE OF ARREST
The mere purpose of arrest is to bring a
arrestee before a court and to secure the
administration of the law.
It also serve the function of notifying society
that an individual has been committed a crime
and to deter him from committed any other
crime in future.
10. WHO CAN ARREST ?
Police Officer (S. 41)
Magistrate (S. 44)
Private Person (only in accordance with some
legal provision permitting such arrest) (S. 43)
Exemption : Member ofArmed Forces for
anything done by them in discharge of their
official duties except after obtaining the
consent of the government (S. 45)
11. ARREST MADE BY POLICE
OFFICER
S. 46
In making an arrest the police officer /other
person making the same actually touches or
confines the body of the person to be arrested
unless there be a submission to custody by words
or action.
When the police arrests a person in execution of a
warrant of arrest obtained from a magistrate, the
person so arrested shall not be handcuffed unless
the police have obtained orders from the
Magistrate in this regard.
12. If such person forcibly resists the endeavour to
arrest him, or attempts to evade the arrest, such
police officer or other person may use all
means necessary to effect the arrest.
Nothing in this section gives a right to cause
the death of a person who is not accused of an
offence punishable with death or with
imprisonment for life.
The person arrested shall not be subjected to
more restraint than is necessary to prevent his
escape. (S. 49)
13. ARREST OF WOMEN
In case of women, unless the circumstances indicate to the
contrary, her submission to custody on an oral intimation of
arrest shall be presumed and, unless the circumstances
otherwise require or unless the police officer is a female, the
police officer shall not touch the person of the woman for
making her arrest.*
No women shall be arrested after sunset and before sunrise,
and where such exceptional circumstances exist, the woman
police officer shall, by making a written report, obtain the
prior permission of the Judicial Magistrate of the first class
within whose local jurisdiction the offence is committed or
the arrest is to be made.**
Separate lock ups to be provided for them.
14. ARREST MADE BY PRIVATE
PERSON
SECTION 43
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.
If there is reason to believe that such person comes under the provisions
of section 41, a police officer shall re-arrest him.
If there is a 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 once released.
15. ARREST MADE BY MAGISTRATE
SECTION 44
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.
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.
16. ADDITIONAL POWERS FOR
EFFECTING ARREST
Search of Place (S. 47)
Pursuit of offenders (S. 48, 77)
Deputing subordinates to arrest (S. 55)
Power , on escape, to pursue and retake (S.60)
17. POST-ARREST PROCEDURES
Search of arrested person (S. 51)
Seizure of offensive weapons (S. 52)
Medical examination of accused after arrest (S.
53, 53A,54)
Report of arrests to be sent to District
Magistrate (S. 58)
Person arrested not to be discharged except on
bond or bail (S. 59)
18. RIGHTS OF ARRESTED PERSON
1. Right to know the ground of arrest* (S. 50(1))
2. Information regarding the right to be released
on bail (S. 50 (2))
3. Right to be taken before a magistrate without
delay (S. 56, 76)
4. Right of not being detained for more than 24
hours without judicial scrutiny (S. 57, Art.
22(2), S.76)
19. 5. Right to consult a legal practitioner (S. 303,
Art. 22(1))
6. Right of an arrested indigent person to free
legal aid and to b informed about it.*
7. Right to be examined by a medical
practitioner (S. 54)
20. CONSEQUENCES OF NON-
COMPLIANCE
1. If any person is arrested illegally, it is a tort of false imprisonment, and the arrested
person is entitled to claim damages from the person who made such an arrest.
2. If any person, his arrest is illegal, who is being so arrested can exercise the right of
private defense in accordance with the provisions contained in Section 96 to 106 of the
Indian Penal Code, 1860.
3. If any person who illegally arrests another is punishable under section 342 of the
Indian penal code 1860 for wrongful confinement.
4. The public servant having authority to make any arrest, knowingly effects and illegal
arrest in contravention of law, he can be prosecuted for an offence under Section 220
of the Indian Penal Code 1860.
5. If the arrest is illegal, the victim of unlawful arrest and detention have right to
compensation.
6. Informal detention or restraint of any kind by the police is considered as arrest as they
are not authorized by law and such person claims the rights of arrested person if
illegally detained or restrained.
7. Even the provisions relating to arrest have not been fully complete with, the trial will
not be void.
21. D.K.Basu v. State of
West Bengal [(1997)1 SCC 416: 1997 SCC (Cri.) 92
• Guidelines for the police who are in to investigation and policing
1. The police personnel carrying out the arrest and handling the
interrogation of the arrestee should bear accurate, visible and clear
identification and name tags with their designations. The particulars ofall
such police personnel who handle interrogation of the arrestee must be
recorded in a register.
2. That the police officer carrying out the arrest of the arrestee shallprepare
a memo of arrest at the time of arrest and such memo shall be attested by
at least one witness, who may either be 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 countersigned by the arrestee and shall contain the
time and date of arrest.
3. 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 arresteelives
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
22. 4. 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 bodymust
be recorded at the time. The “inspection memo” must be signed both bythe
arrestee and the police officer effecting the arrest and its copy provided to
the arrestee.
5. The arrestee should be subjected to medical examination by a trained doctor
every 48 hours during his detention in custody by a doctor on the panel of
approved doctors appointed by the Director, Health Services of the Stateor
Union Territory concerned. The Director, Health Services should prepare
such a panel for all tehsils and districts as well.
6. Copies of all the documents including the memo of arrest referred toabove
should be sent to the Illaqa Magistrate for his record.
7. The arrestee may be permitted to meet his lawyer during interrogation,
though not throughout interrogation.
8. A police Control Room should be provided at all districts and State Head
Quarters, 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.
23. JOGINDER KUMAR VS STATE OF
U.P. [(1994) 4 SCC 260]
In this case Apex Court ruled that an arrested
person being held in custody is entitled , if he so
requests, to have one friend , relative or other
person interested in his welfare , told that he has
been arrested and where he is being detained. The
police officer shall inform the arrested person
when is brought to the police station of this right.
An entry shall be requested to be made in the
diary as to who was informed of the arrest. The
Magistrate is obliged to satisfy himself that there
requirements have been complied with.
24. ARNESH KUMAR VS STATE OF
BIHAR [(2014) 8 SCC 273]
Apex Court ruled that an arrested person being
held in custody is entitled , if he so requests, to
have one friend , relative or other person
interested in his welfare , told that he has been
arrested and where he is being detained. The
police officer shall inform the arrested person
when is brought to the police station of this right.
An entry shall be requested to be made in the
diary as to who was informed of the arrest. The
Magistrate is obliged to satisfy himself that there
requirements have been complied with.
