All about Arrest under Criminal Procedure Code.

Introduction:

The main objective of the code to administration of Criminal Justice by establishing a peaceful life’s by preventing offence , nuisance and tranquility. Arrest is a very important process in the criminal Procedure Code. Arrest is a measure to deprive a personal liberty by a legal authority. Which means taking a person in legal custody when there is any suspension that a person has committed , is committing or is about to commit a crime. It is not always necessary to arrest a person after the act has committed, the person can be arrested even before doing any act which disturb public peace and order.

Arrest

The word arrest is a French word ‘Arrester’ which means to restraint or to stopping a person. The code does not defined the term arrest , where as in Supreme Court case Union of India v. Padma Nurain (2008) , defined arrest as the execution of the command of a court of law or of a duly authorised officer. Arrest is for the securing the attendence of the accused at the time of trial proceeding and prevention any person from committing offence as a precautionary measures.

Arrest are of two kinds one with warrant and the other without warrant. With warrent in non-cognizable case , means bailable case and the situation without warrant for cognizable offence which are more serious in nature and non bailable . General a person shall be arrested with warrent but still there are situation when a person can be arrested without warrant. The following instance the arrest can be made without warrant they are:

  • Arrest without warrant by police officer which is provided under section 41 of Crpc
  • Arrest without warrant for non- cognizable offence which is provided under section 42
  • Arrest with out warrant by a private person , given under section 43 of Crpc and
  • Arrest by the magistrate which is given under section 44of Crpc.

Procedure for Arrest:

Under section 46 of the Criminal Procedure Code provide the procedures to be complied while arresting a person. The arrest can be made by the police officer by actually touched or confineing the body of the person to be arrested, if the accused surrenders himself the this is not required. When the accused is female the police officer can not touch the body of the women for making her arrest and women police officer is required for the arrest of the women while making arrest. There is also an important provision that , no women shall be arrested after sunset and before sunrise others than situation when the police officer submit a written report obtaining prior permission for arrest.

While arresting only a reasonable force can be used by the police officer or any other person making the arrest . If the accused resists the arrest the police officer can use force and has no right to cause death of the person who is not accused of an offence punishable with death or lifetime imprisonment. In Birendra Kumar Rai v. Union of India (1992) case it was held that the arrest can be made even without handcuffs also.

Procedures after arrest

The procedures after arrest are elaborated under section 49 to section 60 A of CrPC ,

  • Section 49 ,says that the arrested persons can not be subjected to more restraint than necessary to prevent his escape.
  • Section 50, says about the right of the person to be informed about the ground for such arrest.
  • Section 51 , says about the police officer to search and all articles except accused wearing apparel and must be placed in safe custody and a receipt should be issued.
  • Section 52 , deals with seizing and delivering of any offensive weapon in the possession of accused before the court.
  • Section 53, deals with medical examination of the accused and
  • Section 54, deals with examination of arrested persons by a medical practitioner and section 54A deals with identification of the person arrested
  • Section 55 deals speaks about when a police officer deputes his subordinates to arrest a person without warrant , is required to issue an order in writing.
  • Section 56 , deals with the arrest of the person by the police officer shall be presented before the magistrate without any delay. The journey period from the place of arrest to magistrate is excluded which is provided under section 57.
  • Section 60 deals with the arrest of the person who escaped from custody the person can be arrested anywhere from India.

These are the procedures that a police officer has to follow after making arrest. The fundamental rights under Article 22 also speaks about the right to be produced accused before the magistrate within twenty four hours and right of the accused to consult legal practitioner and also right to free legal aid . The Criminal Procedure Code also provide certain rights to the arrested persons they are ,

Right of Arrested persons

  • Right to be informed of the ground for arrest , which is given under section 50(1) of Crpc
  • Right to Bail , under section 50(2)
  • Right to produced before magistrate, under section 56 and 76 of Code
  • Not to detained beyond 24 hours , under section 57
  • Right to consult legal practitioner under section 303
  • Right to be examined by medical practitioner under section 54.

Arrest is an important part of the code . Arrest takes place when one is taking in custody under legal authority. Here the world legal authority is very important, the deprivation of personal liberty can only by a legal authority and without such authority the arrest stands as illegal. Not only the cord provide remedies and right for the arrested persons, the constitution under Article 22 also provides certain safeguard if the personal liberty is curtailed by arbitrary arrest and detention.

Reference

  • 13 SCC 305: (2008) 231 ELT 397.
  • 1992 CriLJ 3866
  • Indian constitution,1950
  • Indian Penal Code, 1860
  • Code of Criminal Procedure, 1973
  • indiankanoon.org
  • http://www.writinglaw.com
  • ipleaders.in

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