PRESENTED BY

SRI RAKESH KUMAR POTHAL, OSPS-II

Asst. Public Prosecutor
Bhubaneswar
 TYPES OF ARREST

• ARREST BY POLICE WITHOUT WARRANT (S. 41)

• ARREST BY NON-COGNIZABLE OFFENCES (S.42)
• ARREST BY PRIVATE PERSON (S.43)
• ARREST BY MAGISTRATES (S.44)
• PROTECTION OF MEMBERS OF ARMED FORCES
FROM ARREST (S. 45)
• PROCEDURE OF ARREST (S.46)
• SEARCH OF PLACE ENTERED BY PERSON SOUGHT
TO BE ARRESTED (S.47)
• PURSUIT OF OFFENDERS INTO OTHER
JURISDICTIONS (S.48)
• NO UNNECESSARY RESTRAINT (S. 49)
• RIGHT OF AN ARRESTED PERSON (S. 50, 50A,
51,52, 53, 54, 54A, 55-60)
 ARREST
• CHAPTER V CrPC
• SECTION 41 – 60A
• Arrest is a initial step in criminal proceedings
against a suspected person.
• Code has not defined the term “Arrest”.
 MEANING
 Apprehension of a person by legal
authority resulting in deprivation of his
liberty.
 It may be actual restraint of the person to be
arrested, or by his submission to the custody
of the person making the arrest.
 It signifies restraint on person, depriving
one of his own will and liberty, binding him
to become obedient to the will of the law.
 ARREST Vs
CUSTODY
 ‘Custody’ and ‘Arrest’ don’t have same meaning.
 Taking of a person into judicial custody is
followed after the arrest of the person by
Magistrate on appearance or surrender.
 In every arrest there is custody but not
vice versa.
 Mere taking into custody of a person an authority
empowered to arrest may not necessarily
amount to arrest.
 PURPOSE OF
ARREST
 The mere purpose of arrest is to bring a
arrestee before a court and to secure
the administration of the law.
 It also serve the function of notifying society
that an individual has been committed a
crime and to deter him from committing any
other crime in future.
TYPES

ARREST

WITHOUT WARRANT
WITH WARRANT (ACCORDANCE WITH
(ISSUED BY SOME LEGAL
MAGISTRATE) PROVISIONS
PERMITTING ARREST)
 WHO CAN
ARREST ?
 Police Officer (S. 41)
 Magistrate (S. 44)
 Private Person (only in accordance with
some legal provision permitting such arrest)
(S. 43)
 Exemption : Member of Armed Forces
for anything done by them in discharge of
their official duties except after obtaining
the consent of the government
(S. 45)
 ARREST MADE BY POLICE
OFFICER
 S. 46
 In making an arrest the police officer /other
person making the same actually touches or
confines the body of the person to be arrested
unless there be a submission to custody by words
or action.
 When the police arrests a person in execution of a
warrant of arrest obtained from a magistrate, the
person so arrested shall not be handcuffed unless
the police have obtained orders from the
Magistrate in this regard.
 If such person forcibly resists the endeavour to
arrest him, or attempts to evade the arrest,
such police officer or other person may use all
means necessary to effect the arrest.
 Nothing in this section gives a right to cause
the death of a person who is not accused of
an offence punishable with death or with
imprisonment for life.
 The person arrested shall not be subjected to
more restraint than is necessary to prevent
his escape. (S. 49)
 ARREST OF
WOMEN
 In case of women, unless the circumstances indicate to the
contrary, her submission to custody on an oral intimation of
arrest shall be presumed and, unless the circumstances
otherwise require or unless the police officer is a female, the
police officer shall not touch the person of the woman for
making her arrest.*
 No women shall be arrested after sunset and before sunrise,
and where such exceptional circumstances exist, the woman
police officer shall, by making a written report, obtain the
prior permission of the Judicial Magistrate of the first class
within whose local jurisdiction the offence is committed or
the arrest is to be made.**
 Separate lock ups to be provided for them.
 ARREST MADE BY PRIVATE
PERSON
 SECTION 43
 Any private person may arrest or cause to be arrested any person who
in his presence commits a non- bailable and cognizable offence, or
any proclaimed offender, and, without unnecessary delay, shall make
over or cause to be made over any person so arrested to a police
officer, or, in the absence of a police officer, take such person or cause
him to be taken in custody to the nearest police station.
 If there is reason to believe that such person comes under the
provisions of section 41, a police officer shall re-arrest him.
 If there is a reason to believe that he has committed a non-
cognizable offence and he refuses on the demand of a police officer
to give his name and residence, or gives a name or residence which
such officer has reason to believe to be false, he shall be dealt with
under the provisions of section 42; but if there is no sufficient
reason to believe that he has committed any offence, he shall be at
 ARREST MADE BY MAGISTRATE
 SECTION 44
 When any offence is committed in the presence of a
Magistrate, whether Executive or Judicial, within
his local jurisdiction, he may himself arrest or order
any person to arrest the offender, and may
thereupon, subject to the provisions herein
contained as to bail, commit the offender to custody.
 Any Magistrate, whether Executive or Judicial, may
at any time arrest or direct the arrest, in his presence,
within his local jurisdiction, of any person for whose
arrest he is competent at the time and in the
circumstances to issue a warrant.
 ADDITIONAL POWERS FOR
EFFECTING ARREST
 Search of Place (S. 47)
 Pursuit of offenders (S. 48, 77)
 Deputing subordinates to arrest (S. 55)
 Power , on escape, to pursue and retake
(S.60)
 POST-ARREST PROCEDURES
 Search of arrested person (S. 51)
 Seizure of offensive weapons (S. 52)
 Medical examination of accused after arrest
(S. 53, 53A,54)
 Report of arrests to be sent to
District Magistrate (S. 58)
 Person arrested not to be discharged except
on bond or bail (S. 59)
 RIGHTS OF ARRESTED PERSON
1. Right to know the ground of arrest* (S.
50(1))
2. Information regarding the right to be
released on bail (S. 50 (2))
3. Right to be taken before a magistrate
without delay (S. 56, 76)
4. Right of not being detained for more than
24 hours without judicial scrutiny (S. 57,
Art. 22(2), S.76)
5. Right to consult a legal practitioner (S.
303, Art. 22(1))
6. Right of an arrested indigent person to
free legal aid and to be informed about it.
7. Right to be examined by a
medical practitioner (S. 54)
 CONSEQUENCES OF NON-
COMPLIANCE
1. If any person is arrested illegally, it is a tort of false imprisonment, and the arrested
person is entitled to claim damages from the person who made such an arrest.
2. If any person, his arrest is illegal, who is being so arrested can exercise the right of
private defense in accordance with the provisions contained in Section 96 to 106 of the
Indian Penal Code, 1860.
3. If any person who illegally arrests another is punishable under section 342 of the
Indian penal code 1860 for wrongful confinement.
4. The public servant having authority to make any arrest, knowingly effects and illegal
arrest in contravention of law, he can be prosecuted for an offence under Section
220 of the Indian Penal Code 1860.
5. If the arrest is illegal, the victim of unlawful arrest and detention have right to
compensation.
6. Informal detention or restraint of any kind by the police is considered as arrest as they
are not authorized by law and such person claims the rights of arrested person if
illegally detained or restrained.
7. Even the provisions relating to arrest have not been fully complete with, the trial will
not be void.
 D.K.Basu v. State of
West Bengal [(1997)1 SCC 416: 1997 SCC (Cri.) 92
• Guidelines for the police who are in to investigation and policing
1. The police personnel carrying out the arrest and handling the
interrogation of the arrestee should bear accurate, visible and clear
identification and name tags with their designations. The particulars of
all such police personnel who handle interrogation of the arrestee must
be recorded in a register.
2. That the police officer carrying out the arrest of the arrestee shall
prepare a memo of arrest at the time of arrest and such memo shall be
attested by at least one witness, who may either be a member of the
family of the arrestee or a respectable person of the locality from where
the arrest is made. It shall also be countersigned by the arrestee and
shall contain the time and date of arrest.
3. The time, place of arrest and venue of custody of an arrestee must be
notified by the police where the next friend or relative of the arrestee
lives outside the district or town through the Legal Aid Organization in
the district and the police station of the area concerned telegraphically
within a period of 8 to 12 hours after the arrest
4. The arrestee should, where he so requests, be also examined at the time of
his arrest and major and minor injuries, if any present on his/her body must
be recorded at the time. The “inspection memo” must be signed both by
the arrestee and the police officer effecting the arrest and its copy provided
to the arrestee.
5. The arrestee should be subjected to medical examination by a trained
doctor every 48 hours during his detention in custody by a doctor on the
panel of approved doctors appointed by the Director, Health Services of
the State or Union Territory concerned. The Director, Health Services
should prepare such a panel for all tehsils and districts as well.
6. Copies of all the documents including the memo of arrest referred to above
should be sent to the Illaqa Magistrate for his record.
7. The arrestee may be permitted to meet his lawyer during
interrogation, though not throughout interrogation.
8. A police Control Room should be provided at all districts and State Head
Quarters, where information regarding the arrest and the place of custody
of the arrestee shall be communicated by the officer causing the arrest,
within 12 hours of effecting the arrest and at the Police Control Room it
should be displayed on a conspicuous Notice board.
JOGINDER KUMAR VS STATE OF
U.P. [(1994) 4 SCC 260]
In this case Apex Court ruled that an
arrested person being held in custody is entitled ,
if he so requests, to have one friend , relative or
other person interested in his welfare , told that
he has been arrested and where he is being
detained. The police officer shall inform the
arrested person when is brought to the police
station of this right. An entry shall be requested
to be made in the diary as to who was informed
of the arrest. The Magistrate is obliged to satisfy
himself that there requirements have been
complied with.
ARNESH KUMAR VS STATE OF
BIHAR [(2014) 8 SCC 273]
Apex Court ruled that an arrested person
being held in custody is entitled , if he so
requests, to have one friend , relative or other
person interested in his welfare , told that he has
been arrested and where he is being detained.
The police officer shall inform the arrested
person when is brought to the police station of
this right. An entry shall be requested to be made
in the diary as to who was informed of the arrest.
The Magistrate is obliged to satisfy himself that
there requirements have been complied with.
THANK YOU