CRPC

Arrest and Search

s.46 - arrest - touching and confining the body of the arrested person unless he/she voluntarily submits to
custody. If resists, then Police can use all means necessary to arrest him/her, but cannot kill them unless he
committed a capital offense.

s.47 - search of place from where the suspect was arrested by Police Officer or any person with warrant.
s.48 – Police Off. can break inner doors/windows into places where entrance not obtainable. If innocent
female is present inside, she should be given notice that they are breaking in and asked to move away.
s.49 - Power to break doors/windows for liberation - the Police Officer himself or any other person, if
lawfully entered for arresting.
s.50 - person arrested must not be restrained more than necessary

Search:
s.51 - search of arrested persons - in non-bailable (or non-executed bail warrants), P.O. can search the
arrested and take custody of all articles in his possession except necessary clothing.
s.52 - searching women - must be done by any women maintaining strict decency.
s.53 - power to seize offensive weapons from arrested and present to Court or higher officer.

Arrest without warrant (cognigible offences)

s.54 – P.O. can arrest without warrant in cognigible cases including person in possession of house
breaking equipments, proclaimed offender by code/govt./ suspected stolen goods, deserter of army,
attempt to escape lawful custody/obstructing course of justice, foreign fugitives, convicts committing
offence after release under 565, requisition for arrest. (7 cases)

s. 55 - arrest of vagabonds and habitual robbers without warrant- persons taking precautions to conceal
identity to commit cog. offence, no ostensible means of sustenance, cannot give satisfactory account of
himself, habitual robber, housebreaker or thief, receiver of stolen goods, extortion, or puts people in fear
of injury.

s.57 – person refusing to give name/address in non-cognigible offence in presence of P.O. can be
arrested/ must be released after giving true address or executing bond/sureties. If not, the arrested person
should be then forwarded to nearest judicial magistrate.

s.59 - arrest by private persons in case of non-bailable and cognigible offences.

Charging the offender:

s.60 - arrested person should be taken to Magistrate or officer in charge of P.S.
s.61 - maximum detention is 24 hrs for arrested persons
s.62 - police will report to CMM (in Metro Areas) or District Magistrate in non-metro areas or CJM if
arrested without warrant
s.63 - power to discharge arrested persons either on bond or bail and order of Mags.
s.64- arrest by magistrate – for offences committed in Magistrate's presence, he himself may order arrest.
s.65 – Exec. Magistrate or Judicial Magistrate can directly arrest (if he is lawfully empowered to issue
warrant)

Summons:
s.68 - Every summons issued by Court shall be in writing/ signed and sealed by court officer/ served by P.O.
s.69 - summons must be served personally, by tendering him a duplicate. s.71 - if person cannot be found,
summons should be served to an adult male family member.

Arrest Warrant:
s.75 - Every warrant of arrest issued by Court shall be in writing, signed by the presiding officer, or by any
member of a Mags. Bench, and bear Court Seal.
s.82 - warrant of arrest may be executed at any place in Bangladesh.

Proclamation and attachment:

s.87 - if warrant cannot be executed because person is hiding/absconded, court may publish written
proclamation, which is attached to read out in accused's town in a conspicuous place, or D’s home or court
house
s.88 - property of absconding person under proclamation can be attached (in order to force him to
surrender)
A receiver should be appointed to deal with the accused’s property and for perishable property the receive
can order sale and record proceeds.
Such property will be released when A appears within two years (s.89). Such property will be sold six
months from date of proclamation.

Search warrants
s.96 - if court believes that the summoned person will not produce a doc/ then may issue search warrant
(2) only DM, CMM and CJM can grant a warrant to search for a document, parcel or other thing in the
custody of the Postal or Telegraph authorities

s.99A - any publication of matter punishable under particular Penal code, defamatory of PM, President,
Speaker, CJ, indecent material, inciting cog offense - every copy of that publication (book, newspaper, doc
etc) can be seized by P.O., and search warrant can be issued.

s.103 - Before making a search the PO or other person can write/call upon two or more respectable
inhabitants of that locality to attend and witness the search. (2) a list of all things seized prepared along
with location by PO , signed by such witnesses; Witnesses need not attend court unless summoned.
s.105 - Magistrate may direct search in his presence, if M is competent to issue Search Warrant.

Security for keeping peace (ss 106 – 110)

Information about these offenders causing breach of peace are received by DM or EM. Magistrate can
conduct inquiry to verify truth of information received in security cases.
s.118 - if upon inquiry the matter is verified, the magistrate may order a bond to be executed as sureties
for their good behavior for such period as the Magistrate thinks fit

s.106 - Security for keeping peace on conviction - 3 yr

s.107 - security for keeping peace - 1 yr
s.108 - sec for good behavior from persons disseminating seditious matter- 1 yr
s.109 - good behavior from vagrants and suspected persons – 1 yr
s.110 - habitual offenders - 3 yr