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