OBJECTIVES

 To explore the historical evolution and conceptual framework surrounding the legal
notions of "arrest" and "custody," emphasizing their significance within the Criminal
Procedure Code (CrPC) and constitutional rights.
 To analyse the legislative amendments and judicial interpretations influencing the
conditions and preconditions under which a person may be arrested by a police officer
without a warrant, focusing on the balance between individual liberty and societal
interests.
 To examine the prescribed procedure for effectuating arrests as outlined in the CrPC,
including the obligations and discretionary powers vested in police officers, with a
particular emphasis on compliance, documentation, and accountability.
 To evaluate the consequences of non-compliance with the prescribed arrest procedure,
investigating legal remedies available to arrestees and assessing the impact on
individual rights, especially under Articles 19 and 21 of the Constitution.
 To critically assess the existing challenges and shortcomings within the current arrest
framework, particularly in the context of encounter or extra-judicial killings,
identifying systemic issues, institutional biases, and avenues for reform to enhance
transparency, accountability, and respect for human rights within law enforcement
practices.

LITERATURE REVIEW

1. A BREIEF OVERVIEW ON ARREST, PROCEDURE FOR ARREST AND

RIGHTS OF THE ARRESTED PERSON, IJARSCT, Volume 3, Issue 1,
October 2023
This Article is based on the study of Arrest, procedure of arrest and the rights of
the arrested person. Initially the article addresses the meaning of Arrest, which
propounded that it means seizing and detaining a person from his personal liberty
and right to move freely. Then it discusses how the arrest is made under the code
of criminal procedure 1973, which includes two methods- one is arrest with
warrant and second one is arrest without warrant. Arrest with warrant takes place
 when the person has committed a non-cognizable offence, which means the
offence is less serious in nature. Moreover, Arrest without warrant takes place
when the person has committed a cognizable offence, which means the offence is
more serious in nature. Then it discusses the rights of the arrested person, that is,
right to consult a legal practitioner, right to know the grounds of their arrest under
which they have been charged, right to be taken before a magistrate without any
delay and multiple case laws, which provide us with several guidelines of arrest
and the rights of the arrested person.1

2. ARREST OF PERSONS UNDER CRPC 1973, IPLEADERS

The study of arrest in the Criminal Justice System is crucial for maintaining
societal order and safeguarding individual freedoms. This paper examines arrest
procedures, including arrests with and without warrants, private arrests, and post-
arrest protocols outlined in the Criminal Procedure Code. Constitutional rights,
such as the right to be informed of the grounds for arrest and the right to consult a
legal practitioner, are emphasized. The paper also discusses search and seizure
procedures, underscoring the balance between law enforcement interests and
individual rights.2
3. Sec 41 Code of Criminal Procedure, when can a police officer arrest a person
without a warrant, SCC ONLINE
This article elucidates the provisions of Section 41, which empower police officers
to arrest individuals without a warrant under specific circumstances. It also
outlines procedures when such arrests are deemed necessary, including the
commission of a cognizable offence in the presence of police and reasonable
suspicion based on complaints or information. Additionally, the article explores
landmark judgments, such as Arnesh Kumar v. State of Bihar, emphasizing the
need to balance individual liberty with public order. It clarifies that police officers
lack authority to arrest for non-cognizable offences without a warrant, ensuring
adherence to strict compliance with CrPC provisions. The Supreme Court's rulings

1
Ashika Parveen, A Brief Overview on Arrest, Procedure for Arrest and Rights of the
Arrested Person, IJARSCT, Volume 3, Issue 1, October 2023

2
Shruti Singh, Arrest of persons under CRPC 1973, IPLEADERS, December12,2019
 underscore the importance of recording reasons for arrest and issuing notices
under Section 41-A, further safeguarding individual rights against arbitrary
arrests.3

3
Ridhi,Sec 41 Code of Criminal Procedure, when can a police officer arrest a person without a warrant, SCC
ONLINE, May 31,2023