Arrest

Definition
Arrest means To touch.
An arrest is the beginning of imprisonment, where a man is first
taken and restrained of his liberty by the power or color of
lawful warrant.
Every arrest involves a deprivation of liberty, not every
deprivation of liberty involves an arrest
Purpose of arrest.

 Preventive: In order to terminate a breach of peace. This

arrest levied on VIP person for peace in the society. So, to
prevent this types offence shall be arrest accused person’
 Punitive: Under section 61 and 167 of the CrPC –1898 said
that to take a person before a Magistrate to answer for an
offence. This arrest only used for the general people.
 Protective: Article 31,32,33 and 35(2) of the Bangladesh
constitution provided that persons are arrested for their
own protection.
How does an arrest occur ?
An arrest occurs when a police officer states in terms that a
person is arrested, when he uses force to restrain the individual
concerned, or when by words or conduct he makes it clear that
he will, if necessary, uses force to prevent the individual from
going where he wants to go. Thus the police officer must say
before arrest to the person to be arrested: “I am arresting you”
or “you are under arrested”.
Who can make arrest?
  Arrest by Police without warrant (S54)
 arrest for Non-cognizable Offence (s 57)
 Arrest by Private Person (S59)
 Arrest by Magistrate (S65)
 Protection of Members of Armed Forces from Arrest (S45)
Under section 46(1) of CrPC-1898 provided that,
The Criminal procedure code has given power to arrest to both
general public and police officers. Thus arrest may be made by
police officers and also in some circumstances by an individual
o . Such as , the general public will be arrested to offenders of
cognizable offence. Because, this section gives power to
general people for the arrested.
Arrest how made?
Sections 46 to 53 provides procedure of how an arrest can be
made. The whole procedure may be described in the following
steps:
Under section 46 of the CrPC-1898 provided that Effecting
arrest by touching the body of the arrested. Arrest means to
touch.
(i) In making an arrest the Police-officer or an individual
can actually touch or confine the body of the person
to be arrested.
(ii) If such person resists the arrest or attempts to evade
the arrest, such Police-officer or individual may use all
means necessary to effect the arrest
(iii) By way of effecting the arrest the police officer or any
individual cannot cause death of the person (except
the person who is accused of an offence punishable
 with death or with imprisonment for life) to be-
arrested.
Search of place entered by: (47,48,49, and 50 section only for
used searching)
Under section 47 of CrPC -1898, While making the arrest under
warrant or in case of a warrantable case the police officer may
ask free ingress to any residence or place where he has reason
to believe that the person to be arrested is hiding or has
entered into.
Under section 48 of CrPC -1898, If ingress to such place cannot
be obtained under section 47 it shall be lawful for the police
officer to break into the house or residence to effect the arrest.
Under section 48 of CrPC-1898, If such a breaking into the
house is to be done into a zanana, the police officer must give
the women inside the zanana opportunity to withdraw
themselves from it.
Under section 49 of CrPC-1898, Any police officer may break
open any outer or inner door or window of any house or place
in order to liberate himself.
Under section 50, The person arrested shall not be subjected to
more restraint than is necessary to prevent his escape.
Resisting an arrest:
Section 225, A person causing obstruction to a police officer
making an arrest under this section is guilty of offence U/S.225
of the Penal Code.
Arrest without warrant/General power of arrest
This power is general in the sense that a , officer may arrest a
person without warrant or any kind of order from superior
authority or court or Magistrate. In nine circumstances a police
officer may, without an order from a Magistrate and without a
warrant, arrest a person.
 cognizable offence
 implement of house breaking
 proclaimed as an offender
 stolen property
 obstructs a Police-officer while in the execution of his duty
 deserter from the armed forces of Bangladesh;
 Extradition
 released convict
 requisition

1. Any person who has been concerned in any cognizable

offence or against whom a reasonable complaint has been
made or credible information has been received or a
reasonable suspicion exists of his having been so
concerned;
2. Any person having in his possession without lawful excuse
any implement of house breaking;
3. Any person who has been proclaimed as an offender
either under this Code or by order of the Government;
4. Any person in whose possession anything is found which
may reasonably be suspected to be stolen property and
 who may reasonably be suspected of having committed an
offence with reference to such thing;
5. Any person who obstructs a Police-officer while in the
execution of his duty, or who has escaped, or attempts to
escape, from lawful custody;
6. Any person reasonably suspected of being a deserter from
the armed forces of Bangladesh;
7. Any person who has been concerned in, or against whom a
reasonable complaint has been made or credible
information has been received or a reasonable suspicion
exists of his having been concerned in, any act committed
at any place out of Bangladesh, which, if committed in
Bangladesh, would have been punishable as an offence,
and for which he is, under any law relating to extradition
or under the Fugitive Offenders Act, 1881, or otherwise,
liable to be apprehended or detained in custody in
Bangladesh.
8. Any released convict committing a breach of any rule
made under section 565, sub-section (3);
9. Any person for whose arrest a requisition has been
received from another police-officer, provided that the
requisition specified the person to be arrested and the
offence or other cause for which the arrest is to be made
and it appears there from that the person might lawfully
be arrested without a warrant by the officer who issued
the requisition..
Special Power of Arrest:
(i) Any Officer in charge of a police station may arrest a
vagabond, a habitual offender and a person who is
 found taking precautions to conceal his presence ,
without warrant U/S.55.
(ii) A police officer may depute a subordinate to cause
arrest without warrant and in such a case the
subordinate officer can arrest without warrant U/S.56
(iii) A police officer may arrest a person who commits a
non-cognizable offence in presence of the police and
refuses to give his name and address or the name and
address given is believed to be false [S.57]
(iv) (iv) A private person may arrest without warrant any
person who is a proclaimed offender or who in his
view commits a non-bailable and cognizable offence
[S.59].
(v) (v) Any Magistrate may at any time arrest or direct
the arrest, in his presence, within the local limits of
his jurisdiction of any person for whose arrest he is
competent at the time and in the circumstances to
issue a warrant [S.65].
(vi) (vi) If a person in lawful custody escapes or is rescued,
the person from whose custody he escaped or was
rescued may immediately pursue and arrest him in
any place in Bangladesh [S.66].
(vii) (vii) An Officer in Charge of a Police station may arrest
without warrant any member of an unlawful
assembly who being commanded to disperse shows
determination not disperse [S.128]
(viii) (viii) Any police officer may arrest without warrant a
person who cannot otherwise be prevented from
committing a cognizable offence [S.151].
 (ix) (ix) Any police officer may arrest without warrant a
person who fails to fulfill the conditions on which a
sentence has been suspended or remitted by the
Government [S. 401(3)].
Arrest by private persons and procedure on such arrest:
Under section 59 of the Cr. P. C. deals with the provision for
arrest by a private person. A private individual may arrest
without warrant any person only in the following two
situations:
 He may arrest any person who in his view commits a non-
bailable and cognizable offence;
 He may arrest any proclaimed offender at any time
Aftermath of arrest by private person:
Under section 59 provides the procedure of aftermath of arrest
by a private citizen. Once an arrest has been made by a private
person under section 59, the following consequences will
follow:
I. Without unnecessary delay, he shall make over the
person arrested to a police officer, or,
II. In the absence of a police-officer, he must take such
person or cause him to be taken in custody to the nearest
police station.
III. Under section 59(2) If there is reason to believe that such
person comes under the provisions of section 54, a police-
officer shall re-arrest him.
IV. If there is reason to believe that he has committed non
cognizable offence/and he refuses on the demand of a
police-officer to give his name and residence, gives a
 name or residence which such officer reason to believe to
be false, he shall be dealt under the provisions of section
57.
V. If there is no sufficient reason to believe that he
committed any offence, he shall be at once released.
Rights of an arrested person:
Article 33 of the Constitution of Bangladesh confers four
fundamental or constitutional rights upon a person arrested
under ordinary law. They are,
He cannot be detained in custody without being
informed, as soon as may be, of the grounds of his arrest,
i) He must be given the right to consult and to be
represented by a lawyer of his own choice,
ii) Iii) He has the right to be produced before the
nearest magistrate within 24 hours of his arrest; and
iii) Iv) He cannot be detained in custody beyond the
period of 24 hours without the authority of the
magistrate.
iv) A police officer arresting a person must produce him
before the Magistrate having jurisdiction [S.60 ]
v) A police officer must not detain an arrested person
more than twenty four hours without the authority
of a magistrate.[S.61]
What happens if the accused is not produced within 24
hours?:
(ii) Production before the Magistrate within 24 hours of
arrest is fundamental right of the person arrested
under the Constitution. Police officer failing to
 produce a person before the Magistrate within 24
hours of the arrest is guilty of wrongful detention
(Sharifbai, AIR 1961 Bihar 42).

Blast vs Bangladesh
If a person is arrested on reasonable suspicion. “ the police
officer must record the reason on which his suspicion is based.
If the police officer justifies the arrested only in only by saying
that the person is suspected to be involved in cognizable
offence”. Such general statement can’t justified the arrested.
{ Reference:23 BLD 115(HC)}