Arrest, Search, Investigation and

Police Diary under The Code of

Criminal Procedure,1898
Group: Q

Name: Jemima Islam

ID: 2018-1-63-030
Name: Jahanara Islam Bhuiyan
ID: 2017-3-66-033
Arrest
Section 46: Arrest how made
★ If the purpose of the arrest is sufficient.
★ If the person resists him to arrest and the officer or other person use all means necessary to effect it.
★ Officer can’t do anything which punishment is death or life imprisonment.

Case: In Md. Ishaq Vs. The Crown (DLR 157 WP) case,under section 46(2), a person is entitled to arrest can use all means to arrest and
include the employment of other persons to effect the arrest the Culprit. This would include the employment of other persons to effect the
arrest.

Section 47: Search of place entered by person sought to be arrested

★ The police officer may enter any place or residence where he believe that the offender
hiding or live.
★ The accused person stays in a particular place.
★ The Resident owner is liable to help and give permission.

Section 48: Procedure where ingress is not obtainable

★ Resistance to entry.
★ If the officer don’t get help by sec 47 then breaking open zanana to enter in a house
★ The police officer mut give the women inside the zanana opportunity to withdraw
themself from it.
 Arrest
Section 49: Power to break open doors and windows for purposes of liberation
★ The police officer has Authorized to break open any outer or inner door or window if they restrain.

Section 50: No unnecessary restraint

★ The police officer shall not use any restrain method which is not necessary to prevail his escape.

Section 51: Search of arrested persons

★ When it doesn’t provide bail or unable to furnish bail.
★ Custody of all articles are found on person's arrest.
★ Where the search is genuine technical objection shouldn’t be allowed to prevail.

Section 53: Power to seize offensive weapons

★ Officer arrest the offender and take all of the offensive weapons from him.
★ Officer shall deliver all weapons before the court with the arrested person.
 Arrest
Section 54: When police may arrest without warrant
★ A police officer may arrest without an order from a Magistrate and without a warrant:
➔ Charge of the cognizable offense and reasonable suspicion exists.
➔ Implement of housebreaking weapon in position without lawful excuse.
➔ The government gives an order proclaimed as an offender.
➔ A reason to be suspected that committed an offense related to stolen property.
➔ Create any obstructs a police officer from executing his duty or taking any attempts to escape from
lawful custody.
➔ Reasonable belief that the suspected is a deserter from the armed forces of BD.
➔ Committed any offense outside of the territory of BD which is a crime under BD domestic law and a
reasonable belief to commit a crime, then arrest under The Fugitive Offenders Act 1881
➔ If any released convict person breaches any rule under section 565, sub-section 3.
➔ If there is any requisition to arrest anyone from a police officer and reason behind his arrest must
be, therefore.
Case: Bangladesh Legal Aid & service Trust (BLAST) 7 others vs Bangladesh & others [55 DLR 363 (HC)]

Cases:
➔ If a person is arrested on reasonable suspicion, the police officer must record the reasons on which his suspicion is
based

Case: Md Yusuf Ali Vs State 2002 BLD 231

➔ A bonafide belief on the part of the police officer that an offence has already been committed or its about to be
committed.
 Arrest
Section 55: Arrest of vagabonds, habitual robbers, etc.
★ Arrest without a warrant
★ Committing a cognizable offense
★ No ostensible means of subsistence but can’t give a satisfactory account to himself.
★ Habitual offender.

Section 57: Refusal to give name and residence

★ Committing a non-cognizable offense and refused to give name address
★ Officer has reason to believe to be false name , address given.
★ After found name and address can be released to executing the bond
★ Provided that, if he is not a citizen of BD the surety must need
★ Within 24 hours, fails to provide name address or bond or surety, send to the nearest Magistrate

Section 59: Arrest by private persons and procedure on such arrest

★ Arrest non-bailable and cognizable proclaimed offender and taken him to the custody in the nearest police
station under section 54 and police can re-arrest him.
★ Police officier has to believe that name and address is false then deal with section 57.
★ If no sufficient reason to belief he committed, he shall be released.
Section 60: Person arrested to be taken before Magistrate or officer in charge of the police
station
★ Arrest without warrant send the offender to the Magistrate or the police station.
Section 61: Person arrested not to be detained more than twenty-four hours
★ Arrest without a warrant must send him to Magistrate within 24 hours under section 167.
Search warrant:
Section 94: Summons to produce a document or another thing
★ Court give the summons to produce a document or other things which is relevant to the case.
Section 96: When search-warrant may be issued
★ If court has believe that a person didn’t produce such document or product under sections 94 & 95.
★ District Magistrate, Chief Judicial Magistrate & Chief Metropolitan Magistrate grant a warrant to search for a document.
Case: Government of BD & others vs Hussain Mohammad Ershad [52 DLR (AD)]: The submission that by search and seizure no fundamental
right of the petitioner is violated is misconceived on the facts of the instant case.
Section 97: Power to restrict warrant
★ If the court thinks fit that the warrant has the particular place which only the earch or inspection shall extend.
Section 98: Search of house
★ District Magistrate or Executive Magistrate specially empowered & place is used for the deposit or sale of stolen
property.
★ Officer must be above the rank of a constable and enter with assistance be required in the specified manner in the
warrant which take possession of the stolen, forged, false, or counterfeit and lawful document, stamp. This such
document must submit before the Magistrate and guard those document
Case: Qari Habibullah Belali vs Captain Anwarul Azim Khan [40 DLR 295]

In this Provision of section 98 is applicable only when the Magistrate is satisfied that the place is used for deposit or sale of
stolen property.
Search warrant:
Section 99(A): Power to declare certain publications forfeited and to issue search
warrants for the same
★ The magistrate can grant a warrant of search against any book, newspaper, or document.
★ Different people doesn’t mean different class.
★ Forfeiture of book
★ Required to issue a notice.
Case: Sadaruddin Ahmed Chisty vs. Government of Bangladesh &others [50DLR (AD) 119]: to forfeit a
publication the Government is only required to state by notification in an official Gazette. The ground of its
option, not its satisfaction for the formation of opinion.

Section 99(B): Application to High Court Division to set aside order of forfeiture
★ Forfeiture has upheld by the HCD not on the grounds stated by the provincial Government but
on another ground mention in the case that working.
Case: Bangladesh Anjuman-e-ahmadiyya Vs Bangladesh 45 DLR 185; In this provision may be invoked
when the writing and publishing of a book constituted a penal offence.
Discovery of Persons Wrongfully Confined
Section 100: Search for persons wrongfully confined.
❑ Issuing a search warrant.
❑ kidnapping and abducting of any person
Case: Ayesha Begum Vs. The State
Section 102: Persons in charge of closed place to
allow search
❑ Right of free ingress of the police officer
Section 103: Search to be made in presence of
witnesses occupant of place searched may
attend
❑ Calling upon two or more inhabitants of the
locality
Case: Dilip Kumar Ghose Vs. The State
Section 105: Magistrate may direct search in his
presence
 Section 154: Information in cognizable cases
* First information
* Using it as an evidence when the informant is examined
* Testing the truth of the prosecution story.

Evidentiary value: Using for corroborating or contradicting the

witnesses.

Case: Rashed Kabir Vs. The State

Section 155: Information in non-cognizable cases Section 156: Investigation into cognizable cases

❑ Investigating a non-cognizable case ❑ Investigating any alleged cognizable offence without an order

Case: Abdur Rahman Vs. The State

Section 157: Where cognizable offence suspected

 Section 160: Police-officer's power to require attendance of witnesses

Section 161: Examination of witnesses by police

* Requiring to answer all the questions
* Allowing to obtain the signature of the witness
Evidentiary value: Using for the benefit of the client at the time of cross examination
along with contradict or corroborate the witness.
Case: The State Vs. Nazrul Islam

Section 162: Statements to police not to be signed; use of such statements in evidence
*Prohibiting from using the such statements as corroborative of the statements in court
*Making such statement in course of investigation.
*Excluding power of the court
Evidentiary value: Using for the purpose of contradicting the witness.
Case: Tofajjal Hussain Vs. The State
Section 163: No inducement to be offered

❑ Forbidding to make or cause any inducement, threat, or

promise
❑ Permitting any person for making any statement of his
own free will.

Section 167: Procedure when

investigation cannot be completed in
Section 164: Power to record statements and confessions twenty-four hours

❑ Recording a statement or confession in the course of an ❑ Forwarding an accused person to a

investigation Judicial Magistrate.
❑ Before the commencement of the inquiry or trial. ❑ Recording the reason of remanding the
accused
Evidentiary value: Using it (as in the case of a First
Information statement under Section 154 of CrPC) as to
contradict or corroborate the maker.
Section 172: Diary of proceedings
in investigation
Evidentiary value:
❑ Not admissible in evidence.
❑ Only for its moral satisfaction.
❑ Neither substantive nor
corroborative evidence.
Section 173: Report of police-officer
❑ Charge-sheet
❑ Final report
Case: Abdul Awal Vs Abdul Mannan
Sultan Ahmed Matbar Vs. The State
The State Vs. Abul Kashem
Sultan Ahmed Alias Sentu Vs. The State
THANK YOU