PROJECT REPORT ON

“Section-125 Crpc”
Order of maintenance of wives, children’s
and parents.

Submitted By:
Tushar Gund (L40218008)
B.COM, LLB

Under the Guidance of:

Mr. Bhupinder sir
Department of LAW

March, 2022

Department of Law,
PDM University, Bahadurgarh,
Haryana-124507, INDIA.
 SECTION 41

ARREST OF A PERSON CAN BE MADE BY

A POLICE OFFICER:
As per the provisions of section 41 of the Code, any police officer
may arrest any person without obtaining an order from a Magistrate
or without a warrant as and when such police officer found any person
commits a cognizable offence in his presence and he receives any credible
information against him or having been received reasonable complaint with
regard to that offence or even found the very existence of a reasonable suspicion
about his committing such an offence which is punishable with imprisonment for
a term which may be less than 7 years or which may be extend up to 7 years
with or without fine, if such a police officer satisfies with the following
conditions:

1. He has reason to believe that such person so arrested has committed

particular offence on the basis of a complaint that has been made against him or
has information or even there exists suspicion about commission of such offence
by that person, then, the police officer is empowered to cause arrest of such
person, as his arrest is very much essential and necessary with a view to prevent
him –

a) from committing any further offence;

b) for proper investigation of such offence; or
c) to prevent such arrested person from causing the evidence of the offence to
disappear or also tampering with such evidence of offence in any manner; or
d) to prevent him from making any inducement, threat or promise to any person
who is having acquaintance with such case facts so as to dissuade such a person
from disclosing the case facts to Court or to the police officer concerned; or
(e) as unless such arrested person’s presence in the Court as and when
required cannot be ensured; and the police officer concerned shall record the
above-mentioned reasons in writing while making such person’s arrest.

 As per the provisions of Proviso to Section 41 of the Code, the police

officer shall in all cases where arrest of a person is not required to be
done, under the provisions of this sub-section (a) to this Section, duly
recording the reasons in writing for not making the arrest of such person.
  As per the provisions of sub-clause (ba) to sub section (1) to
Section 41 of the Code, arrests of the persons are to be made by the
police officer against whom such police officer has credible information
about his committing cognizable offence which is punishable with
imprisonment for a term which may extend to more than 7 years with or
without fine or with sentence of death and the police officer has every
reason to believe that the those said persons have committed that
particular offence basing on the information that has been received by him.

 As per the provisions of sub clause (c) to sub-section (1) of Section

41 of the Code, the police officer is empowered to cause arrest of the
person who has proclaimed to be an offender under this Code or State
Government’s order.

 As per the provisions of sub clause (d) to sub-section (1) to Section

41 of the Code, the police officer is also empowered to cause arrest of the person
in whose possession anything is found to be the reasonably be suspected as a
stolen property and also the person who might
reasonably be suspected of having committed the offence with
reference to the such suspected thing to be the stolen property.

 As per the provisions of sub clause (e) to sub-section (1) to Section

41 of the Code also authorises the police officer to arrest any person who
caused obstruction to such police officer while he is in the execution of
his duty or also the person who has escaped or making attempts to
escape from the lawful custody of such particular police officer; or

 As per the provisions of sub clause (f) to sub-section (1) to Section

41 of the Code also authorises the police officer to arrest any person who
is found to be reasonably be suspected of being deserted from any of the
Armed Forces of the Union of India (Army, Navy and Air Force); or

 As per the provisions of sub clause (g) to sub-section (1) to Section

41 of the Code also authorises the police officer to arrest any person who
is concerned in or against him a reasonable complaint has been made or has
received credible information thereof or there exists reasonable
detention suspicion of his having been concerned any act committed out
of India and also if committed any such concerned offence in India
which has been punishable as an offence, for which the said person under
detention law relating to extradition or otherwise is liable for
apprehension or detention in custody in India; or

 As per the provisions of sub clause (h) to sub-section (1) to Section

41 of the Code also authorises the police officer to arrest any person who
is being treated to be a released convict and also who commits breach of any
rule, as per Section 356 (5) of the Code; or

 As per the provisions of sub clause (i) to sub-section (1) to Section

41 of the Code also authorises the police officer to arrest any person for
whose arrest there is any requisition whether in writing or oral from
another police officer subject to that requisition specifies the person to be
arrested and the offence or other cause, for which his arrest is to be
made, and there appears therefrom that such person might lawfully be
arrested without a warrant by the police officer who has issued such
requisition.

Section 41(2) of the Code, no police officer is empowered to arrest

any person concerned in a non-cognizable offence subject to fulfilment of
provisions of Section 42 of the Code and against whom any complaint is made
or the police officer has received credible information or that there is existence of
reasonable suspicion about his having so concerned, no such person can be
arrested except under a warranty or Magistrate’s order in such non-
cognizable offence.

From a bare reading of Section 41 of the Code, one can understand

that the police officer is empowered to arrest any person against whom he has
reasonable suspicion or has information or has received any complaint about the
commission of the cognizable offence which is punishable with less than 7 years
imprisonment with or without fine or extended up to 7 years, without having any
warrant or Magistrate’s order, with a view to prevent such person from
committing further offence and also for conduct of proper investigation of the
particular offence with which such person is so charged, i.e., subject to fulfilment
of sub-clauses (a) to (e) to sub-cause(b)(ii) to sub-section (1) of Section 41 of the
Code.

At the same time, as per the provisions of Proviso to sub clauses (ba)
to (i) to Proviso to sub-section (1) to Section 41 of the Code to sub-section
(1) of Section 41 of the Code clearly authorises the police officer to cause
arrest of the person, as specifically mentioned in sub-clauses (a) to (i).
At the same time, it is pertinent to note that as per the provisions of
newly introduced sub-section (2) to Section 41 of the Code, no police
officer is empowered to arrest any person who has involved in a non- cognizable
offence, even if such police officer has credible information
received or a complaint has been made or that there is existence of
reasonable suspicion of commission of such non-cognizable so concerned, except
under a warranty or order of a Magistrate
Sections 41A to 41D are newly inserted by way of amendment to the
Code in the year 2008 as inserted by Section 6 of the Code of Criminal
Procedure (Amendment) Act, 2008(Act 5 of 2009), in the following
manner:

SECTION 41A
As per the provisions of Section 41A of the Code, every police
officer might be ensured that in all cases in which arrest is not required
to be made as indicated in sub-section (1) to Section 41 of the Code, but
as per the provisions of sub-section (1) to Section 41A of the Code, such a
police officer is authorised, to issue notice of appearance before him by the
person whose arrest is not required to be made, duly directing him to be present
in person or at the place mentioned in such notice, against whom such police
officer has received a credible information and reasonable complaint has been
made against such person or has a
reasonable suspicion that exists about his commission of a cognizable
offence.

As per the provisions of sub-section (2) to section 41 of the Code, it

shall be the earnest duty of the person against whom such a notice is
issued, to comply with the terms of the said notice.

As per the provisions of sub-section (3) to Section 41 of the Code, if

such person has complied and would be in continuation of such
compliance with the said notice, such person shall not be arrested in
connection with the offence referred to in that particular notice, unless and until
the specific reasons are to be recorded if the police officer is of the opinion that
the said person is ought to be arrested.
ARREST OF A PERSON CAN BE MADE BY
A POLICE OFFICER
As per the provisions of newly introduced sub-section (4) to Section
41 of the Code, if such a person fails to comply with the terms of the
notice or he is unwilling to identify himself, the police officer who has
issued such notice, is empowered to arrest him for the offence so
mentioned in the said notice provided to such orders that may have been passed
by a competent Court in that behalf.

A plain reading of the above provisions, it is to be understood that in

all cases arrest cannot be made, as indicated in Section 41 of the Code,
but a notice of appearance be issued to the person against whom a
reasonable complaint or credible information has been received, duly
directing him to comply with the said notice, and it is the earnest duty of the
person who has received that notice to comply with the terms
mentioned in the said notice, and if the police officer found him that he has
complied with the notice terms, he cannot be arrested, but if he is found to be
the person who has failed to comply with the said notice terms, he is liable to be
arrested by such police officer, subject to obtaining appropriate orders from
competent court in that behalf.

SECTION 41B
PROCEDURE FOR ARREST & DUTIES OF A
POLICE OFFICER
Section 41B of the Code clearly indicates the procedure of arrest and
the duties of the police officer who makes arrest of a particular person in the
following manner.
(a) Every police officer while making arrest of a particular person shall
bear an accurate, visible and clear identification of his name which
would facilitate easy identification.
(b) Such police officer shall prepare a memorandum of arrest which
shall be
(i) attested by at least one witness, who is a member of the family of the
arrested person or a respectable person of the locality where arrest of
such person is made.
(ii) Such memorandum of arrest must be countersigned by the arrested
person;
(c) Such police officer must inform the arrested person, unless the
memorandum of arrest is attested by a member of the family of the said
arrested person, about his possessing a right to have a relative or a
friend named by him to be informed about his arrest.

SECTION 41(2) (newly inserted sub-clause)

ARREST OF A PERSON CANNOT BE MADE
BY A POLICE OFFICER IN A NON-
COGNIZABLE OFFENCE
A plain reading of Section 41(2) of the Code, one has to know that
arrest of person involved in a non-cognizable offence, is not to be made
by police officer, until and unless there is issuance of any warranty or
order of a Magistrate.
In this context, it is most important for the Magistrate who would be
in the way of entertaining remands and it is also pertinent to note the
Hon’ble Supreme Court’s specific guidelines while dealing with the
Arnesh Kumar’s case: ARNESH KUMAR VS. STATE OF BIHAR
(2014) 8 SUPREME COURT CASES 27 3,

SECTION 41C
As per the provisions of sub-section (1) to Section 41C of the Code,
it is indicated that every State Government shall establish one police
control room (a) in every district; and (b) at State level.
As per the provisions of sub-section (2) to Section 41C of the Code,
such State Government shall cause to display in its notice board which was kept
at its control rooms at its every district, the names and addresses of the persons
so arrested so also the designations of the police officers who has caused those
arrests.

As per the provisions of sub-section (3) to Section 41C of the Code,

the control rooms so established at the police headquarters at the State
levels shall collect the details about the arrested persons, nature of the
offence with which they are charged from time to time and should
invariably be maintain a database for the general public information.

SECTION 41D
As per the provisions of Section 41D of the Code, when any person
so arrested and interrogated by the police officer, he shall be entitled and is also
having mandatory right to meet an advocate of his choice during the course of
such case interrogation though not throughout such interrogation.

SECTION 42
As per the provisions of Section 42 of the Code, the police office is
legally authorised to cause arrest of any person who refuses to give his
name and residence.
Sub-section (1) to this Section clearly envisages that when any
person who in the presence of a police officer, has committed or has been
found to be the person accused of the offence of non-cognizable offence,
refuses, on demand of such police officer, to disclose his name or
residence, or giver, a name or residence, to which such officer has so
reason to believe it to be a false one, such a person is liable to be arrested by such
a police officer in order that his name or residence may be ascertained.
As per sub-section (2) of Section 42, if such person furnishes true
name and residence when given, or has been ascertained, such person shall be
forthwith released on such person executing a bond, with or without sureties, to
appear before a Magistrate if so required.
As per the Proviso to this sub section, it is very clear that if such a
person is not residing in India; the bond shall be secured by a surety or
surety’s resident in India.

As per the provisions of sub-section (3) to this Section, it is clearly

indicate that if true name and residence of such person is not to be
ascertained within 24 hours from the time of his arrest or if he should be fails to
execute the bond, or if so required, to furnish sufficient solvent sureties, he shall
forthwith be forwarded to the nearest Magistrate who is having jurisdiction to try
the case against him.
It is clearly known to every person that if at all any person fails to
furnish his correct name and residence, on the demand so made by the
police officer, or if at all such person refuses to furnish those particulars in detail,
or if the given particulars are found to be false, such person is liable to be
arrested. If he furnishes true particulars, he shall be released forthwith on his
executing a bond with or without sureties and if he fails to furnish sureties within
24 hours, from the time of his arrest, he shall forthwith be forwarded to the
nearest Magistrate who is having jurisdiction to try the case against such person.

SECTION 43
ANY PRIVATE PERSON IS EMPOWERED TO
ARREST AND THE
PROCEDURE ON SUCH ARREST
As per the provisions of sub-section (1) to Section 43 of the Code
authorises any private person to cause arrest or might arrest any person, who in
his presence, commits a non-bailable and cognizable offence and such private
person also found that a particular person is proclaimed offender, and by
avoiding unnecessary delay, such private person shall made over or cause to be
made over any such person (offender) so arrested by him to a police officer or in
his absence, officer who takes over such person’s custody when he was caused
such offender to be taken custody to the nearest police station.
As per the provisions of sub-section (2) to Section 43 of the Code
further envisages that if there is reason to believe that such person
(offender) comes under the provisions of Section 41 of the Code, police
officer who takes his custody shall make re-arrest of such person
(offender) by following due process of law.
As per the provisions of sub-section (3) to Section 43 of the Code
clearly envisages that if there is a reason to believe that if the person so rearrested
has committed a non-cognizable offence, and the said person refuses on police
officer’s demand to furnish his name and residence, or directed him to give his
name or residence which such police officer has such reason to believe it to be a
false furnishing of name or residence of such person, such person (offender) shall
be dealt with as per the provisions of Section 42 of the Code and at the same if
there is no sufficient reason found to be believe that the said person (offender)
has committed any such offence, he shall be set at liberty forthwith or he shall be
at once released.

SECTION 44
ARREST OF ANY PERSON BE MADE BY A
MAGISTRATE
As per the provisions of sub-section (1) to this Section, any Magistrate whether
Executive or Judicial, is empowered to make arrest or order any person to arrest
the offence, when any offence is found to be committed in his presence, subject
to following the provisions herein contained as to bail, and commit such offender
to custody.
Sub-section (2) to this Section, authorises those Magistrates to cause
arrest or to direct his (offender’s) arrest in his presence, within their local
jurisdiction, of such person (offender) for whose arrest those Magistrates are
competent at that time and in those circumstances to issue a warrant of his arrest.

SECTION 45
ARMED FORCES ARREST PROTECTION
Sub-section (1) to this Section ordains that no Armed Forces member
of the Union of India shall be arrested for anything or purported to be done by
him while such Armed Forces member discharging his official duties except after
obtaining Central Government’s consent and also
notwithstanding anything contained in Sections 41 to 44 (both inclusive) of the
Code.
Sub-section (2) to this Section, authorises the State Government,
may, by specific notification, direct that the provisions of sub-section (1)
shall apply to such class or category of Force members who were charged with
the maintenance of the public order or as may be specified in such notification,
whenever they may be serving, and thereupon the provisions of that sub-section
shall apply as if for the expression ‘Central Government’ occurring therein, the
expression ‘State Government’ were substituted.

SECTION 46
HOW CAN ARREST OF PERSON BE MADE
BY POLICE OFFICER
Sub-section (1) to this Section, clearly authorises the police officer or
other person who makes an arrest, shall actually touch and confine the body of
the person to be arrested, subject to submission made through word or action for
such custody.
In view of the newly introduced Proviso to sub-section (1) to this
Section, if any woman is to be arrested, subject to the circumstances
indicated contrary, submission of such woman for her custody on an oral
intimation of arrest, subject to the circumstances so require or if police officer is
female, the police officer shall not touch the person of such woman while making
her arrest.
Sub-section (2) to this Section, clearly envisages that if any such
person forcibly resisted the endeavour of the officer to arrest him, or
making attempts to evade his arrest, then such police officer or other
person may make use of all means necessary for effecting such arrest.
Sub-section (3) to this Section clearly envisages that nothing in this
section authorises a right for causing the person’s death who is not accused of an
offence punishable with death or for life.
As per the newly introduced sub-cause (4) to this Section, it clearly
ordains that that save in exceptional circumstances, no women shall be
arrested after sunset and before sunrise, and if there is existence of such
exceptional circumstances, the woman police officer, shall, by making a written
report duly obtaining the prior permission of the Judicial Magistrate of the First-
Class whin his local jurisdiction the commission of offence or made such arrest.

SECTION 47
SEARCH OF PLACE ENTERED BY
PERSON SOUGHT TO BE
ARRESTED.
As per the provisions of sub- section (1) to this section the police officer, who is
having authority to arrest or if any person who is acting under arrest warrant
having reason to believe that the person to be arrested, are entitled to enter into or
is within any place, any person residing in, or being in charge of, that particular
place, shall, on demand of such person or such police officer allow him pre
ingress thereto, by affording all reasonable facilities for making a search therein.
As per the provisions of sub-section (2) to this section, if such
ingress to that particular place cannot be obtained under the above subsection one
it shall be lawful in any case to a person who is acting under a warrant or in any
case in which a warrant may be issued, but cannot be obtained without affording
the said person to be arrested an opportunity of been escaped, for a police officer
to enter that such particular place and cause search therein and in order to get an
effectual into such place, is entitled to breakopen any outer or inner door or
window of any house or any place whether those or of the things of that
particular person to be arrested are of any other person and demand of admittance
duly made, he cannot otherwise obtain such admittance.
In view of the provisions of Proviso to sub-section (2) to this section
which clearly envisages that if that particular place is happened to be an
apartment which is in the actual occupancy of a female (who is not being the
person to be arrested), who, according to person she may not appear in public,
such person or police officer shall invariably issue notice to such female person
before entering into that particular apartment with a view to give her liberty to
withdraw and shall afford her every reasonable facility for such withdrawing and
then may breakopen the said apartment and gained entrance into it.

As per the provisions of sub-section (3) to this section any police

officer or other person authorized to cause an arrest of any person may
breakopen any outer or inner door or window of any any house or any such place
in order to give liberty to himself or any person who is having
entrance lawfully for the purpose of causing an arrest, is detained therein.

SECTION 48
PURSUIT OF OFFENDERS INTO OTHER
JURISDICTIONS.
As per the provisions of this particular section, the police officer is
authorized for causing arrest of any person without warrant against whom such
police officer is having authorisation for causing such arrest, such police officer
is lawfully entitled to pursue about such person’s presence into any of the place
in India.

SECTION 49
NO NECESSARY RESTRAIN
As per the provisions of this particular section, it is very clear that the
person so arrested shall not be subjected to more restrained than is
necessary to prevent is escaped.
 SECTION 50
PERSON SO ARRESTED TO BE
INFORMED OF THE GROUNDS OF HIS
ARREST AND OF RIGHT TO GET BAIL BY
HIM
As per the provisions of sub-section (1) to this Section, clearly
authorises every police officer or other person who makes arrest of any
person without warrant shall forthwith communicate to such arrested
person the full particulars of the offence with which he stood charged and is
arrested or the grounds for his arrest.
As per the provisions of sub-section (2) to this Section, if a police
officer is arrested any person without warrant other than a person accused of a
non-bailable offence, such police officer shall inform him that he is entitled to be
released on bail and that he is also entitled for the arrangements for production of
sureties on his behalf.

SECTION 50A
This a newly introduced Section and its sub-section (1) clearly authorises every
police officer or other person who makes any arrest shall forthwith furnish such
arrest information and the place where the arrested person is being held to any of
the friends of the person so arrested or his relatives or such other persons as may
be informed or nominated by him for this purpose and it is the mandatory
obligation of the person who makes arrest of such person to inform about his
arrest to the person nominated by the person so arrested.
Sub-section (2) to this Section also envisages that every police
officer shall inform the person so arrested by him about his rights under
sub-section (1), as soon as such person is brought to his police station.
As per sub-section (3) to this Section, it is mandatory to make an entry of the fact
as to who has been informed of the arrest of such person shall be made in a book
to be kept in the police station in such form as
may specifically be prescribed by the State Government concerned in this behalf.
Sub-section (4) to this Section, indicates that it shall be the Magistrate’s duty
before whom such arrested person is produced, to satisfy himself that the
requirements as mentioned in sub-sections (2) and (3) have been properly
complied with in respect of such arrested person.

SECTION 51
SEARCH OF ARRESTED PERSON
Whenever a person is arrested by a police officer under a warrant
which does not provide for the taking of bail, or under a warrant which
provides for the taking of bail but the person arrested cannot furnish bail, and
whenever a person is arrested without warrant; or by a private person under a
warrant, and cannot legally be admitted to bail, or is unable to furnish bail, the
officer making the arrest or, when the arrest is made by a private person, 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 and where any article is seized from the arrested person,
a receipt showing the articles taken possession by the police officer shall be
given to such person.
(2) Whenever it is necessary to cause a female to be searched, the search
shall be made by another female with strict regard to decency.

SECTION 52
POWER TO SEIZE OFFENSIVE WEAPONS
The officer or other person making any arrest under this Code may
take from the person arrested any offensive weapons which he has about his
person and shall deliver all weapons so taken to the court or officer before which
or whom the officer or person making the arrest is required by this Code to
produce the person arrested.

SECTION 53
EXAMINATION OF ACCUSED BY
MEDICAL PRACTITIONER
AT REQUEST OF POLICE OFFICER
(1) When a person is arrested on a charge of committing an offence of such a
nature and alleged to have been committed under such circumstances that there
are reasonable grounds for believing that an
examination of his person will afford evidence as to the commission of an
offence, it shall be lawful for a registered medical practitioner, acting at the
request of a police officer not below the rank of sub-inspector, and for any person
acting in good faith in his aid and under his direction, to make such an
examination of the person arrested as is reasonably necessary in order to
ascertain the facts which may afford such evidence, and to use such force as is
reasonably necessary for that purpose.
(2) Whenever the person of a female is to be examined under this section, the
examination shall be made only by, or under the supervision of a female
registered medical practitioner.

SECTION 53A
EXAMINATION OF PERSON ACCUSED OF
RAPE BY MEDICAL PRACTITIONER
When a person is arrested on a charge of committing an offence of
rape or an attempt to commit rape and there are reasonable grounds for believing
that the examination of his person will afford evidence as to the commission of
such offence, it shall be lawful for a registered medical practioner employed in a
hospital run by the government or by a local authority and in the absence of such
a practioner within the radius of sixteen kilometre’s from the place where the
offence has been committed by any other registered medical practioner, acting at
the request of a police officer not below the rank of a sub-inspector, and for any
person acting in good faith in his aid and under his discretion, to make such an
examination of the arrested person and to use such force as is reasonably
necessary for that purpose.
(2) The registered medical practioner conducting such examination shall, without
delay, examine such person and prepare a report of his
examination giving the following particulars, namely: -
i. The name and address of the accused and of the person by
whom he was brought,
ii. The age of the accused,
iii. Marks of injury, if any, on the person of the accused,
iv. The description of material taken from the person of the
accused for DNA profiling, and”
v. Other material particulars in reasonable detail.

(3) The report shall state precisely the reasons for each conclusion
arrived at.
(4) The exact time of commencement and completion of the examination
shall also be noted in the report.
(5) The registered medical practitioner shall, without delay, forward the
report of the investigating officer, who shall forward it to the Magistrate
referred to in Section 173 as part of the documents referred to in clause (a) of
sub-section (5) of that section.
SECTION 54
EXAMINATION OF ARRESTED PERSON
BY MEDICAL OFFICER
(1) When any person is arrested, he shall be examined by a medical
officer in the service of Central state Governments and in case the medical
officer is not available by registered medical practioner soon after the arrest is
made:
Provided that where the arrested person is a female, the examination
of the body shall be made only by or under the supervision of a female
medical officer, and in case the female medical officer is not officer is not
available, by a female registered medical practitioner.
(2) The medical officer or a registered medical practioner so examining
the arrested person shall prepare the record of such examination,
mentioning therein any injuries or marks of violence upon the person
arrested, and the approximate time when such injuries or marks may have been
inflicted.
(3) Where an examination is made under sub-section (1), a copy of the
report of such examination shall be furnished by the medical officer or
registered medical practitioner as the case may be, to the arrested person or the
person nominated by such arrested person.

SECTION 54A
IDENTIFICATION OF PERSON SO
ARRESTED
Where a person is arrested on a charge of committing an offence and
his identification by any other person or persons is considered necessary
for the purpose of investigation of such offence, the Court, having
jurisdiction, may on the request of the officer in charge of a police station, direct
the person so arrested to subject himself to identification by any person or
persons in such manner as the Court may deem fit.

SECTION 55
PROCEDURE WHEN POLICE OFFICER
DEPUTES
SUBORDINATE TO ARREST WITHOUT WARRANT
(1) When any Officer in charge of a police station or any police
officer making an investigation under chapter XII requires any officer
subordinate to him to arrest without a warrant (otherwise than in his
presence), any person who may lawfully be arrested without a warrant, he shall
deliver to the officer required to make the arrest an order in writing, specifying
the person to be arrested and the offence or other cause for which the arrest is to
be made and the officer so required shall, before making the arrest, notify to the
person to be arrested the substance of the order and, if so, required by such
person, shall show him the order,
(2) Nothing in sub-section (1) shall affect the power of a police
officer to arrest a person under Section 41.

SECTION 55A
HEALTH AND SAFETY OF ARRESTED
PERSON
It shall be the duty of the person having the custody of an accused to
take reasonable care of the health and safety of the accused.

SECTION 56
PERSON SO ARRESTED TO BE TAKEN
BEFORE MAGISTRATE OR OFFICER IN
CHARGE OF POLICE STATION
A police officer making an arrest without warrant shall, without
unnecessary delay and subject to the provisions herein contained as to bail, take
or, send the person arrested before a Magistrate having jurisdiction in the case, or
before the officer in charge of a police station.

SECTION 57
 PERSON ARRESTED IS NOT TO BE
DETAINED MORE THAN TWENTY-FOUR
HOURS
No police officer shall detain in custody a person arrested without
warrant for a longer period than under all the circumstances of the case is
reasonable, and such period shall not, in the absence of a special order of a
Magistrate under Section 167, exceed twenty-four hours exclusive of the time
necessary for the journey from the place of arrest to the Magistrate’s Court.

SECTION 58
POLICE TO REPORT APPREHENSIONS
Officers in charge of police stations shall report to the District Magistrate, or, if
he so directs, to the sub-divisional Magistrate, the cases of all persons arrested
without warrant, within the limits of their respective stations, whether such
persons have been admitted to bail or otherwise.

SECTION 59
DISCHARGE OF PERSON APPREHENDED
No person who has been arrested by a police officer shall be
discharged except on his own bond, or on bail, or under the special order
of a Magistrate.

SECTION 60
POWER, ON ESCAPE, TO PURSUE AND
RE-TAKE
(1) If a person in lawful custody escapes or is rescued, the person
from whose custody he escaped or was rescued may immediately prusue
and arrest him in any place in India.
(2) The provisions of Section 47 shall apply to arrest under subsection
(1) although the person making any such arrest is not acting under
a warrant and is not a police officer having authority to arrest.

SECTION 60A
ARREST TO BE MADE STRICTLY
ACCORDING TO THE CODE
No arrest shall be made except in accordance with the provisions of
this Code or any other law for the time being in force providing for arrest.

CONCLUSION:
I have the Honour to sum up the above topic, I am inclined to express
my understand after read out the language used in all the above provisions, that
the police officer has to follow the above mandatory provisions as and when he
forwarded the person so arrested by him to the concerned Magistrate who would
authorise detention of the said person to judicial custody, by following the
specific guidelines framed by the Hon’ble Supreme Court in ARNESH
KUMAR’s case. I have the further Honour to submit my sincere regards in
giving me this wonderful opportunity for submitting this topic.

……………………………
Signature
(Mr. Bhupinder sir) ...