Making An Arrest

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Making an Arrest

Section 46 of the Criminal Procedure Code enlightens the mode in


which and how arrests are to be made, i.e., with or without a warrant.
While making an arrest, the police officer or authority of power should
touch or confine the body of the person to be arrested only after
submission to custody by words or action has taken place. When an
officer of the police department arrests an individual with a warrant of
arrest obtained from the Magistrate, the person who is being detained
shall not be handcuffed unless the officer has received orders from the
Magistrate in this regard. The individual making an arrest may use all
means required to complete the arrest if the individual to be arrested
resists or attempts to evade the situation. For the purpose of arresting
without a warrant, a police officer may pursue such an individual into
any place in India as stated under Section 48. Section 49 of the Code
says that the arrested person shall not be subject to any unnecessary
restraint or physical inconvenience unless it is required to do so to
prevent his escape.

https://www.indiafilings.com/learn/the-criminal-procedure-code-arrests/

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