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It is common to see a person, who works against or has done something against the
laws, get arrested. In a general term, the word ‘arrest’ in its normal sense would mean the
apprehension, restraint or deprivation of one’s liberty. Ironically, the Criminal Procedure
Code of 1973, that deals with the aspects of arrests, have not defined the very same term.
From the context in the Code, it is a term to describe the deprivation of liberty by a legal
authority. Hence, not every physical restraint can be termed as an arrest. An arrest of an
individual comprises of taking the person into the custody of an authority empowered by
the law for detaining the person to answer the criminal charges and to prevent the
commission of a criminal offence. This article talks about the details of The Criminal
Procedure Code: Arrests.
Types of Arrest
Two codes are followed to arrest an individual. They are as follows.
Authorities to Arrest
Arrests may be initiated by an officer of the Police Department, the Magistrate or a
private person or an ordinary citizen under some legal provision permitting such an
arrest. The Criminal Procedure Code forbids the detention of the members of the Armed
Forces for any action executed by them in the discharge of their official duties except
after obtaining the consent of the Indian Government.
According to Section 43, a private individual may conduct an arrest of another person
specifically when the arrested individual is determined to be an offender by proclaiming
or commits a non-bailable offence and cognizable offences in the presence of the
arresting individual. Section 44 states that a Magistrate, regardless of being Executive or
Judicial, may conduct an arrest on a person without a warrant. Arrest by a Police Officer
can be performed without a warrant only when the said person conducts a cognizable
offence. Cognizable offences include criminal activities that are of more serious nature
as compared to non-cognizable offences. Cognizable offences include criminal activities
such as murder, kidnapping, theft and so on.
1. A person who has been concerned with and in any cognizable offence or against
whom a reasonable complaint has been filed, or credible information has been
received, or a reasonable suspicion surrounds the person, of his having been so
concerned.
2. A person who has an item in his possession without any lawful excuse, the
burden of proving which excuse shall lie on such a person, any implement of
housebreaking.
3. A person who has been proclaimed as an offender either under the Code or by
order of the State Government.
4. A person who is in possession of anything that may reasonably be suspected to
be stolen property and a person who may be reasonably be suspected of having
committed an offence with a reference of such a thing.
5. A person who obstructs the functioning of a police officer while in the execution
of his duty, or who have escaped, or attempts to escape, from lawful custody.
6. An individual who is reasonably suspected of being a deserter from any of the
Armed Forces of the Union.
7. A person who has been involved in, or against whom a reasonable complaint has
been made, or credible information has been obtained, or a reasonable suspicion
exists, of his having been involved in, any act committed at any country or a place
out of India which, if done in India, would have been considered and punishable
as an offence, and for which he is, under any law concerned to extradition, or
otherwise, liable to be apprehended or detained in custody in India.
8. A person who was a released convict and commits a breach of any rule, relating
to the notification of the residence or change of or absence from the place of
residence.
9. A person for whose arrest any requisition, regardless of being written or oral, has
been received from another officer, provided that the order specifies the individual
to be arrested and the crime or other causes for which the detainment is to be
done, and it appears therefrom that the individual might lawfully be arrested
without a warrant by the officer who issued the requisition.
1. The police officer must be clear with his identity. He must wear a clear and visible
identification of his name which facilitates easy identification.
2. A memo of arrest should be prepared at the time of arrest and attested by at least
one witness (can be a family member or a member of the locality) when the arrest
is done and must be countersigned by the accused.
3. Under Section 41D and Section 303 of the Criminal Procedure Code, the accused
and arrested has every right to meet an advocate of choice during interrogation.
4. Section 50 of the Criminal Procedure Code states that the arrested has the right to
inform a member of his family, relative or a friend of the situation.
5. The arrested person has the right not to be detained for more than 24 hours
without being present before a Magistrate. This right is fundamental and prevents
unlawful and illegal arrests as supported by Section 57 and Section 76 of the
Criminal Procedure Code.
6. According to Section 54 and Section 55A, the arrested person has the right to be
medically examined to establish the offence that he charged with was not
committed by him or that he was subjected to torture physically.
7. The arrested individual has the right to remain silent under Section 20(3) of the
Indian Constitution to prevent self-incriminating statements being extracted with
or without his consent.