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Criminal Procedure Assignment
Criminal Procedure Assignment
Sec 21 and 24 of the Criminal Procedure Code sheds some light on what an arrest is as there is
no clear definition of arrest in Criminal Procedure Code. Sec 21 provides that in making an
arrest, the arresting officer shall actually touch or confine body of a person being arrested unless
he submits to custody by either word of mouth or conduct. Sec 24 states the arrested person must
not be subjected to more restraint than it is necessary to prevent his escape.
Another requirement of arrest is that a person should be informed of reasons of his arrest so as to
know the nature of the offence and its not necessary to inform him of reasons for his arrest.
Pursuant to a warrant of arrest a person may enter a place where the person to be arrested is
hiding and allow that occupier of the house to allow him free ingres and reasonable facilities.
Where ingres is not possible a police officer is at liberty to break open the door so long as he has
a warrant. Even without a warrant he can break so as to prempt escape of the person that can be
delayed by obtainment of a warrant. Also the arresting officer may break out of any house or
place in order to liberate himself. The breaking action is only valid if the person effecting the
arrest has made notification of his arrest, has stated his purpose, has made demands for
admittance and has been denied or unable to gain admittance.
Person effecting arrest is at liberty to search a person being arrested and place into safe custody
all articles other than necessary wearing apparel they have on them. Sec 27 of the C.P.C provides
when a police officer needs to search a woman he has to ensure it is done by another woman with
strict regards to decency. Where a search uncovers offensive weapons by person being arrested
police shall deliver them to court and also produce them in a court of law
Arrest are of 2 kinds
1. Arrest without a warrant
2. Arrest with a warrant
already been used to effect his arrest. Was held that it would amount to abuse of
instrumentality of arrest warrant
Once this rights have been infringed one can institute a case in the high court for
violation of the fundamental rights and freedoms as enshrined in the constitution of
Kenya