1. What do you mean by the arrest? Who may arrest? discuss the rights of arrested person?

1. Introduction
2. Meaning & definition of arrest
3. Arrest without warrant
4. Arrest how Made (section.46)
5. Rights of arrested persons:
 Under the code of criminal procedure 1973
 Under the constitution of India

Under the code of criminal procedure 1973

1)Right to be informed of the grounds for arrest[Section.50(1)]
2)Right to bail[section.50(2)]
3)Right to be produced before magistrate [Section 56&76]
4)Not to be detained beyond 24 hours without judicial scrutiny [Scetion.303]
Under the constitution of India
1-wheather the arrest is made under ordinary law for commission of crimes [Article 20(1) & (2)]
2-wheather the arrest is made under the law of preventive detention [clause 40-7of Article 22]

Introduction: - section 41-60of the criminal procedure code lays down the provisions relating to Arrest of
persons
Meaning: - The expression ‘Arrest’ is derived from the French word ‘Arrester’ which means to stop or stay in
other words Arrest means taking a person in custody under legal authority
Definition: - The Word Arrest has not been defined in the code nor in the Indian penal code 1860
The supreme court defined Arrest as Arrest may be defined as the execution of the court of law or of a dully
authorized officer.
Arrest is very important process in the code it ensures presence of the accused at the trail
Arrest without warrant: -
-Generally, a person shall be arrested with warrant however a person may be arrested without warrant
because of the serious nature of the circumstances
-Warrant means A written order of court addressed to one or more police officer directing to arrest a person
whose name and address is given in the offence charged for the purpose of producing him before court on a
specified date &time
Arrest without warrant by police officer & A private person
-Section 41,41-A,41-B,41-C,41-D,42&55 of the code of criminal procedure lay down the provision relating to
arrest by police officer without warrant.
Section 41 contains the circumstance under which a police officer may arrest without warrant under the
following cases-
I. Any person who commits a cognizable offence in his presence
II. Any proclaimed offender
III. Any deserter from the armed force
IV. Any person for whose arrest a requisition has been received
V. Any person in possession of anything reasonably suspected to be stolen property.
Section 41-A provides for the circumstances under which a police officer has to issue a notice of appearance
before the police officer.
Section 41-B lay down the procedure of arrest & duties of police officer making arrest
Section 41-c lay down the state government shall establish a police control room in every district at state level
Section 41-d confers an arrested person right to meet an advocate of his choice during interrogation.
Section 42-empowers the police to arrest a person accused of committing a non-cognizable offence who
refused to give his/her name & address.
Section 55-lays down the procedure to be followed by a police officer, who deputes another officer subordinate
to him arrest a person warrant.
Arrest by a private person [Section 43]
Section 43 deals with arrest by a private person and cognizable to be followed in respect of such arrest a
private person can arrest
A) Any person who commits s non-bailable and cognizable offence in his presence or
B) Any person who is a proclaimed offender(sec.43)
Rights of arrested person
The code of criminal procedure 1973 and the Indian constitution confers certain rights to the person arrested
to safeguard their interest.
The code of criminal procedure 1973: -
-the code if criminal procedure 1973 certain rights to the person arrested as detailed below: -
1) Right to be informed of the grounds for arrest [Section 50(1)]
2)Right to bail [Section 50(2)]
3)Right to be produced before the court [Section 56&76]
4)No detention beyond 24 hours without judicial scrutiny[Section57]
5)Right to consult legal practioner[Section303]
6)Right to be examined by medical practioner[Section54]

1) Right to be informed of the grounds for arrest [Section 50(1)]

-The person arrested without warrant has a right to know the grounds or reason for his arrest.
-Secondly when a subordinate officer is deputed by a senior police officer to arrest a person under section 55,
such subordinate officer shall before making the arrest notify to the person to arrested substance of the
written order given by the senior officer.
2)Right to bail [Section 50(2)]
-If the person arrested is not charged with non-bailable offence, he has a right to be informed of various
provisions for bail.
-where a police officer arrests without warrant any person other than a person accused of a non-bailable
offence, he shall inform to be released on bail and that he may arrange for sureties on his behalf.
3)Right to be produced before the court [Section 56&76]
-According to section.56 of the code, the person arrested without warrant has to be produced before the officer
in charge of the police station.
-Section 56: - person arrested to be taken before magistrate or officer making an arrest without warrant shall,
without unnecessary delay and subject to the provision here in contained as to bail take or send the person in
the case per before the officer in charge of a police station.
Section 76: - person arrested to be brought before court without delay
The police officer or other person executing a warrant of arrest shall without unnecessary delay bring the
person arrested before the court before which he is required by law to produce such person.
Provided that such a delay shall not in any case exceed 24hours exclusive of the time necessary for the journey
from the place of arrest to the magistrate court.
4)No detention beyond 24 hours without judicial security[section.57]
The person arrested should not be detained beyond 24 hours except under the authority of a magistrate the
supreme court ordered strict compliance to this rule in katri-2 v/s state of Bihar (1981)-that detention beyond
24 hours without producing before the magistrate was held to be wrongful detention.
5) Right to consult legal practioner [section 303]
According to section 303 of the code the person arrested has a right to consult legal practioner of his choice to
defend himself.
Section 303 runs as follow: - Any person accused of an offence before a criminal court or against whom
proceedings are instituted under this code may of right be defended by a pleader of his choice
6) Right to be examined by medical practioner[sec.54]
-The arrested person has a right to request the authorities that he may be examined by 2medical practioner to
disprove the allegations against him
Section 54 runs as follow: - examination of arrested person by medical officer
-When any person is arrested he shall be examined by a medical officer in the service of central or state
government and in case the medical officer in not available by a registered medical practioner soon after the
arrest is made

UNDER THE CONSTITUTION OF INDIA

Article 22 of the Indian constitution provides certain safeguards if the liberty is curtailed by arbitrary arrest
and detention. The right under Article 22 are available to both citizens and non-citizens under the following
situations:
1) Rights available to person arrested under ordinary laws[Art.20(1) & (2)]
-Right to be informed as soon as may be of the grounds for arrest or detention
-Right to consult and to be defended by a legal practioner of his choice Art.39-A of the constitution
provides for
free legal Aid and it is a constitutional mandate even under Art.21 of the constitution
-Right to be produced before the magistrate within 24 hours of arrest
-Right not to be detained in custody beyond 24 hours without the authority of the magistrate
2) Right to person detained under preventive detention law [clauses 4-7 of Art.22]
-No detention beyond three months unless such detention is approved by the advisory board
 -The detaining authority must communicate as soon as may be to the detenue the grounds for such
detention
- The detenue must be offered the earlier opportunity of making a representation against the order of
detention
- No detention beyond the maximum period prescribed under a law made by parliament under Clause7(b)