Arrest

1). Introduction:
Arrest is a way by which a person is confined by a police officer or any person is according
with law. It may be affected with or without warrant. Criminal Procedure Code has granted
police wide power to arrest without warrant. However, it does not mean that this code has
given police complete liberty in this regard. So, Cr.P.C enumerates nine categories under
which the police may arrest without warrant.
2). Relevant Provisions:
Section 46 to 59, 64, 65, of Cr.P.C (Criminal Procedure Code)
3).Type of Arrest:
Following are the types of arrest
I) Arrest without warrant
II) arrest with warrant
III) Citizen arrest
IV) Parole arrest
V) Civil arrest
VI) Re-arrest
A—Arrest generally
46. Arrest how made: In making an arrest the police officer or other person making the
same shall actually touch or confine the body of the person to be arrested, unless there, be
a submission to the custody by word or action
49. Power to break open doors and windows for purposes of liberation: Any police officer
authorized to make an arrest may break open any outer or inner door or window of any
house and having lawfully entered for the purpose of making an arrest, is detained therein.
50. No unnecessary restraint: The person arrested shall not be subjected to more restraint
than is necessary to prevent his escape.
51. Search of arrested persons: the police officer to whom he makes over the person
arrested, may search such person and place in safe custody all articles, other than
necessary wearing apparel, found upon him.
52. Mode of searching women: Whenever it is necessary to cause a woman to be searched,
the search shall be made by another woman, with strict regard to decency.
53. Power to seize offensive weapons: The officermaking an arrest may take any offensive
weapons on the person arrested and deliver all weapons so taken to the Court
4). Circumstances under which police or Police officer can arrest any person without
warrant:
Under following circumstances, police can arrest any person without warrant
Cognizable Offence
Police can arrest any person without warrant when such person has been concerned in ay
cognizable offence.
Person in possession of implement of house-breaking
A police officer may arrest any person without a warrant, who is in possession of
implement of house-breaking but this can only be made when the police officer has
received some definite information about it.
Reasonable Complaint or credible Information or Reasonable Suspicion
Police-officer can arrest any person without warrant if reasonable complaint has been
made or credible information has been received or reasonable suspicion exists against this
person that he has been concerned in any cognizable offence.
Proclaimed Offender
A police officer may arrest any person without warrant against whom a proclamation has
been duly published.
Possession of Stolen Property
Police can arrest any person without warrant when such person has possession of anything,
which can reasonably be suspected to be stolen property.
Deserter from Army forces
Police can arrest any person without warrant when it is reasonably suspected that such
person is a deserter from armed forces of Pakistan.
Escape from lawful custody
Police officer can arrest person without warrant if such person has escaped or attempts to
escape from lawful custody.
Requisition for arrest
Police officer can arrest any person without warrant if requisition for arrest of such person
has been received from another police officer.
Vagabounds, Habitual Robbers, etc
Police can arrest vagabounds, habitual robbers, etc without warrant.