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Code of Criminal Procedure-Ii: Lecture-Ii Arrest (Section 46 and 54) Section 550 (Power of Police)
Code of Criminal Procedure-Ii: Lecture-Ii Arrest (Section 46 and 54) Section 550 (Power of Police)
CRIMINAL
PROCEDURE-II
LECTURE-II
ARREST(SECTION 46 AND 54)
SECTION 550(POWER OF POLICE)
CHAPTER V
ARREST SECTION 46
According to section 46 of Cr. P. C tells us about the procedure of arrest.
The police officer to touch or confine the body of the person to be arrested.
If he surrenders than no need to use force against him.
The human dignity cannot be violated at the time of arrest.
The police can you can touch the body of a person until he surrenders
himself.
If a person resists than the police officer may use ball means necessary to
effect the arrest.
No right of causing death us given to police at the time of arrest, even in a
case a person has committed an offence punishable with death or life
imprisonments.
CASE LAW RELATED TO
SECTION 46
Police was not authorised to open fire on deceased n not stopping his
vehicle. [PLJ 2004 Cr.c (Peshawar) 492]
If the Police Officer would touch or confine the body of accused; or accused would
submit to the custody by word or action, he would be deemed to have been
arrested. 2011 YLR 2821 Jawan SAAL V/S DPO, DERA GHAZI KHAN and 2
others
SECTION 54
WHEN POLICE MAY ARREST WITHOUT WARRANT
The police officer may arrest the without the warrant or without the order of
magistrate in following case
1. Concerned cognizable offence
2. When there is a reasonable complaint has been made
3. When the credible information has been received by the police
4. Has reasonable suspicion that the person has committed an offence.
2001 MLD 132 Muhammad Arshad V/S station house officer, Makhdoom
Rasheed, Multan: police, no doubt competent to take into the custody of any
person but some evidence must exist to connect that person with the commission
of offence
SECTION 550
POWER TO POLICE TO SEIZE PROPERTY SUSPECTED TO
BE STOLEN