IndexArrest by a Police OfficerArrest ProcedureRights of an Arrested PersonProtection of WomenConsequences of Failure to Comply with Arrest ProvisionsThe term “Arrest” is the act of depriving persons of their liberty , usually in connection with an investigation or prevention of a crime and then the detention of the arrested person in proceedings within the criminal justice system. After arrest, a person's freedom is under the control of the person arresting him. In criminal law, arrest plays a vital role in bringing a defendant to court and preventing his escape. The purpose of an arrest is to bring the arrestee before a court or otherwise ensure the administration of the law. An arrest also serves the function of notifying the community that an individual has been charged with a crime and can also admonish and deter the arrested individual from committing further crimes. Arrests can be made in both criminal and civil matters, although in civil matters arrest is a drastic measure that is frowned upon by the courts. Say no to plagiarism. Get a tailor-made essay on "Why Violent Video Games Shouldn't Be Banned"? Get Original Essay In Indian law, Code of Criminal Procedure, 1973 (hereinafter referred to as Cr.PC), Chapter V (Sections 41 to 60) talks about arrest of a person but does not define arrest anywhere. The arrest can be made by a police officer, a magistrate or any private person, like you or me can also arrest a person, but this can only be done in accordance with the legal provisions mentioned in the CrPC. The CrPC exempts members of the armed forces from arrest for anything done by them in discharge of their official duties, except after obtaining the consent of the Government (section 45 CrPC). According to Section 43 of CrPC, any private person can arrest a person without warrant only when the person is found guilty under Section 82 CrPC and commits non-bailable offense and cognizable offenses in his presence; under warrant u/s 72 and 73, on the orders of a Police Officer u/s 37 and on the orders of a Magistrate u/s 37 and 44 Cr. PC and also 60 (1) CrPC. According to Section 44 of the CrPC, any Magistrate, whether executive or judicial, may arrest a person when an offense is committed in his presence, then he may arrest himself or order any person to arrest the offender and thereafter, subject to provisions contained herein regarding bail, may place the offender in custody. A military officer can arrest under sections 130 and 131 CrPC. Arrest by a police officer A police officer may arrest without a warrant under sections 41 (1) to 151 CrPC; on the basis of a warrant under sections 72 to 74 CrPC; upon written order of a designated official pursuant to articles 55 and 157; by order of the Magistrate under Section 44 and for non-cognizable offenses under Section 42 CrPC. A senior officer can arrest under section 36 CrPC. An officer in charge of a police station can make arrest under section 42 (2) and 157 CrPC. Under sections 41, 42, 151 CrPC, a police officer may arrest without warrant under the following conditions: Who has been involved in any cognizable offense orWho is in possession, without lawful justification, of any burglary weapon orWho has been declared delinquent under the CrPC or by order of the State Government. oWho is in possession of stolen property oWho obstructs a police officer in the execution of his duty or who has escaped, or attempts to escape, from lawful custody oWho is reasonably suspected of being a deserter from any of the armed forces of the Union oWhohas been implicated in any law relating to extradition orWho, being a released convict, commits a violation of any rule made under sub-section (5) of Section 356 CrPC orFor whose arrest a request has been received from another police officer which specifies the person to be arrested and the crime and other cause for which the arrest is to be made. As held in the case of Swami HariharanandSaraswati v. Jailer I/C Dist. Varanasi, 1954, the arrested person must be produced before another Magistrate within 24 hours, otherwise his detention will be illegal. In the case of Joginder Kumar v. State of UP, 1994, it was held that no arrest can be made simply because it is lawful to do so. There must be a justifiable reason for the arrest. Further, in the case of State v. Bhera, 1997, it was held that "reasonable suspicion" and "reliable information" must relate to precise statements which must be taken into consideration by the police officer himself before arresting the culprit. person.Arrest ProcedureSection 46 CrPC describes how an arrest is actually made. Under Article 46(1), unless the arrested person consents to submission to custody by word or deed, the arrested person must actually touch or confine the body of the person to be arrested. Since arrest is a restriction of a person's freedom, the arrested person must submit to custody or the arrester must touch and confine his body. Mere oral declaration of arrest by the arrestor without obtaining submission to custody or physical contact to confine the body shall not constitute an arrest. Submission to custody can occur with explicit words or actions. It occurred in the case of Bharosa Ramdayal vs Emperor, 1941, if a person gives a statement to the police accusing himself of having committed an offence, he would be deemed to have submitted to the custody of the policeman. Similarly, if the accused heads towards the police station as directed by the police officer, he or she is remanded in custody. In these cases, physical contact is not required. In the case of Birendra Kumar Rai v. Union of India, 1992, it was held that arrest need not necessarily be by handcuffing the person, and can also be completed with spoken words if the person submits to custody. Article 46(2) provides that if a person forcibly resists an attempted arrest or attempts to evade arrest, such police officer or other person may use all necessary means to effect the arrest. Therefore, if the person attempts to escape, the police officer can take actions to prevent the person from escaping and, in doing so, can use physical force to restrain the accused. However, under Article 46, paragraph 3, there is no right to cause the death of the person who is not accused of a crime punishable by death or life imprisonment by arresting him. Furthermore, under Article 49, an arrested person shall not be subjected to measures of coercion exceeding those necessary to prevent him from escaping. Due to fears of violation of women's rights, a new provision has been inserted in Article 46(4) prohibiting the arrest of women after sunset and before dawn, except in exceptional circumstances, in which case the arrest can be carried out by a woman police officer after submitting a written report and obtaining prior permission from the concerned first class judicial magistrate. In Kultej Singh v. Circle Inspector of Police, 1992, it was held that detaining a person in the police station or confining his movements within the precincts of the police station amounts to arrest of the person[9]. Section 41A deals withcases not covered under Article 41 (1), where a police officer is obliged to issue a warning and not to make an arrest unless the person reported, after receiving the warning, fails to comply with the terms of the warning or comply once and then scoff at it later. If the notice complies with the notice periods, he may be arrested for the offense in question only for reasons which must be recorded in writing by the police officer. Section 41B regulates the conduct of police officers during enforcement and arrest. Directs them to ensure that while making an arrest they carry an accurate, clear and conspicuous identification of his name for the purpose of easy identification, prepare a memorandum of arrest attested by a member of the arrestee's family or a respectable member of the society and countersigned by the arrested person himself. The arrested person is also entitled to be informed of his right to have a relative or friend informed of his arrest, if the arrest report is not attested by his family member[10]. Rights of the arrested person The CrPC confers wide powers on the police to arrest a person. Such powers without adequate safeguards for the arrested person will be harmful to society. To ensure that this power is not used arbitrarily, numerous limitations have been placed which, indirectly, can be seen as recognizing the rights of the arrested person. Furthermore, once arrested, a person is already at a disadvantage due to their lack of freedom and therefore cannot take adequate measures to defend themselves. Therefore, to meet the requirements of "fair trial", the CrPC provides several provisions that confer specific rights on the arrested person. These rights can be described as follows:Right to be informed about the reasons for arrest under Section 50 of the CrPc and Article 22 of the Constitution of India, it is a fundamental right to be informed. It is the duty of the police officer to inform you and also tell whether the crime is bailable or not. Normally, bailable offenses are those where bail can be granted and it is the person's right to be granted bail, while non-bailable offenses are those where bail cannot be granted in general and is at the discretion of the court. In Harikishan v. State of Maharashtra 1962, SC held that the reasons for arrest must be communicated to the person in the language he understands, otherwise it would not amount to sufficient compliance with the constitutional requirements. In non-cognizable cases, arrests are made with a warrant and the person who will be arrested has the right to see the warrant under section 75 of the CrPC. The arrest warrant should meet certain requirements, for example, it should be in writing, signed by the presiding officer, it should have the seal of the court, name and address of the accused and crime under which the arrest is made. If one of these is missing, the warrant is illegal. Under Article 41, the police have the power to arrest a person without a warrant because a quick and immediate arrest is necessary, there is no time to approach the magistrate and obtain a warrant, for example in a case. where a serious crime has been perpetrated by a dangerous person or where there is a possibility of that person absconding unless arrested immediately. Not in all cases arrest is necessary. The notice to appear before the police officer may be given if a reasonable complaint has been made, credible information has been received and there is suspicion of a cognizable offense and if the person concerned continues to comply with such notice and appears, then arrest is not necessary, but if not.