Table of contentsArrest by a police officerProcedure of arrestRights of an arrested personProtection of womenConsequences of non-compliance with the provisions relating to arrestThe term 'arrest' is the act of depriving a person of their liberty, usually in connection with an investigation or prevention of a crime, and thus detain the arrested person as part of a procedure forming part of the criminal justice system. After arrest, a person's freedom is under the control of the arrester. In criminal law, arrest plays a vital role in bringing an accused to court and preventing them from fleeing. The purpose of an arrest is to bring the arrested person to court or to ensure law enforcement. An arrest also serves the function of informing the community that an individual has been charged with a crime and may also reprimand and deter the arrested individual from committing further crimes. Arrests can be made in both criminal and civil cases, although in civil matters, arrest is a drastic measure that is not viewed favorably by the courts. Say no to plagiarism. Get a tailor-made essay on “Why Violent Video Games Should Not Be Banned”? Get Original EssayIn 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 nowhere does it define arrest . Arrest can be done by a police officer, magistrate or any private person like you or me, we can also arrest a person but it can be done only in accordance with the legal provisions mentioned in the CrPC. The CrPC exempts members of the armed forces from being arrested for anything done by them in the discharge of their official duties, except after obtaining the consent of the government (Section 45 of the CrPC). According to Section 43 of the CrPC, any private person can arrest a person without a warrant. only when the person is a proclaimed offender under Section 82 of the CrPC and commits non-bailable offense and cognizable offenses in his presence; with warrant u/s 72 and 73, on the order of a police officer u/s 37 and on the order of a magistrate u/s 37 and 44 Cr. PC and also 60 (1) CrPC. According to Section 44 of CrPC, any magistrate, whether executive or judicial, can arrest a person when an offense is committed in his presence and then he himself can arrest or direct any person to arrest the offender and thereafter, subject to the provisions contained herein regarding bail, may take the offender into custody. A military officer can arrest under sections 130 and 131 of the CrPC.Arrest by a police officerA police officer can arrest without a warrant under sections 41 (1) to 151. CrPC; pursuant to a warrant under Sections 72 to 74 of the CrPC; by written order of a responsible officer under sections 55 and 157; under the orders of a Magistrate under Section 44 and for a non-cognizable offense under Section 42 of the CrPC. A superior officer can arrest under Section 36 of the CrPC. An officer in charge of a police station can arrest under Section 42 (2) and Section 157 of the CrPC. Under sections 41, 42 and 151 of the CrPC, a police officer can arrest without warrant under the following conditions: Who has been concerned in a cognizable offense or who is in possession, without lawful excuse, of a burglary weapon or who has been proclaimed an offender either under the CrPC or by order of the State Government. or Who is in possession of any stolen property or Who obstructs a police officer in the exercise of his duties or who has escaped,or attempts to escape, from lawful custody or Who is reasonably suspected of being a deserter from any of the armed forces of the Union or Who has been affected by any law relating to extradition or Who, as a convict released, commits a violation of any rule made under sub-section (5) of Section 356 of the CrPC orFor which a requisition has been received from another police officer specifying the person to be arrested along with the offense and any other cause for which the arrest must 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 merely because it is lawful to do so. There must be a justifiable reason to stop. Further, in State vs Bhera, 1997, it was held that "reasonable suspicion" and "credible information" must relate to specific assertions which must be considered by the police officer himself before making arrest the individual. person.Procedure of arrestSection 46 of the CrPC describes the manner in which an arrest is actually made. According to Article 46 (1), unless the arrested person consents to being taken into custody by words or actions, the arrest must actually touch or confine the body of the person to be arrested. Since the arrest constitutes a restriction on the person's liberty, it is necessary for the arrested person to submit to police custody or for the arrest to touch and confine his or her body. A mere oral declaration of arrest by arrest without submitting to custody or without physical touching to confine the body will not constitute an arrest. Submission to detention can be made by express words or by actions. This was held in the case of Bharosa Ramdayal v. Emperor, 1941, if a person makes a statement to the police accusing himself of having committed an offence, he would be considered to have submitted to the custody of the police officer. Similarly, if the accused goes to the police station as instructed by the police officer, he has submitted to police custody. In such cases, physical contact is not required. In the case of Birendra Kumar Rai v. Union of India, 1992, it was held that the arrest need not necessarily be done by handcuffing the person, and it could also be supplemented by words if the person submits himself in custody to view. Section 46(2) provides that if a person resists efforts to arrest him by force, or attempts to evade arrest, that police officer or any other person may use any means necessary to effect the arrest. 'arrest. Thus, if the person tries to flee, the police officer can take measures to prevent his escape and, in doing so, he can use physical force to immobilize the accused. However, according to Article 46(3), there is no right to cause the death of a person who is not accused of an offense punishable by death or life imprisonment, during his arrest. Additionally, under Article 49, an arrested person must not be subjected to more restraint than is necessary to prevent his or her escape. Due to concerns about the violation of women's rights, a new provision was inserted in Article 46(4) which prohibits the arrest of women after sunset and before sunrise, except in exceptional circumstances, in which case the he arrest can be made by a woman police officer after making a written report and obtaining prior permission from the Judicial Magistrate First Class concerned. In Kultej Singh vs. CircleInspector of Police, 1992, it was held that keeping a person in the police station or restricting his movement within the premises of the police station amounts to arrest of the person.[9] Section 41A deals with cases not covered. under section 41(1), according to which a police officer is responsible for issuing a notice and not making an arrest unless the person receiving the notice, after receiving the notice, fails to comply with the terms of the notice or fails to comply with it once and then disregards it thereafter. If the notice complies with the terms of the notice, he may only be arrested for the relevant offense for reasons which must be recorded in writing by the police officer. Section 41B governs the conduct of police officers when arresting and arresting them. He orders them to ensure that upon arrest, they carry accurate, clear and visible identification of their name for easy identification purposes, to prepare an arrest note attested either by a member of the family of the person arrested, or by a respectable member of society and countersigned by the person arrested himself. The arrested person is also informed of his right to have a relative or friend informed of his arrest, if the arrest note is not attested by a member of his family[10]. Rights of an arrested person The CrPC gives wide powers to the police to arrest a person. Such powers, without appropriate safeguards for the person arrested, will be detrimental to society. To ensure that this power is not used arbitrarily, several restrictions have been imposed, which, indirectly, can be seen as recognition of 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 appropriate measures to defend themselves. Thus, to meet the requirements of a “fair trial”, several provisions are provided in the CrPC, which grant specific rights to an arrested person. These rights can be described as follows: Right to be informed of the reasons for arrest under Section 50 of 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 you whether the offense is bailable or not. Normally, bailable offenses are those for which bail can be granted and it is the person's right to obtain bail and non-bailable offenses are those for which bail cannot generally be granted and it is at the discretion of the court. In the case of Harikishan v. State of Maharashtra 1962, SC held that the reasons for the arrest must be communicated to the person in the language he understands, otherwise it would not constitute sufficient compliance with the constitutional requirement. In non-cognizable cases, arrests are made with a warrant and the person who is going to be arrested has the right to see the warrant under Section 75 of the CrPC. The arrest warrant must meet certain conditions, for example it must be in writing, signed by the presiding judge, must bear the seal of the court, the name and address of the accused and the offense under which the arrest warrant The arrest is made. If any of these elements are missing, the warrant is illegal. Under section 41, the police have the power to arrest a person without a warrant because a quick and immediate arrest is necessary, without having time to approach the magistrate and obtain a warrant, for example in a affair. when a serious crime has been perpetrated by a dangerous person or.