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Arrest Of A Person Under Crpc,1973

Another important stage in the investigation of crimes is the arrest and detention of suspects. In serious circumstances, prompt arrest of the accused is necessary for a thorough investigation. Additionally, it discourages criminals from committing crimes and promotes a sense of peace and security among the public and the government.

The term "arrest" describes the action of taking someone into custody so that they can be charged with a criminal offence. It comes from the French verb "aerator", which means "to stop or restrain" and implies the imprisonment of a person. In other words, it refers to the deprivation of liberty of a person after arrest by a legal authority.

The terms "arrest" and "custody" are not interchangeable. Custody is present in every arrest and cannot be avoided. Arrest involves taking possession of or touching a person's body in an attempt to control them, while detention involves submitting a person to custody through words or actions.

According to Code of Criminal Procedure, police have the right to detain a person in both cognizable and non-cognizable cases. The police can detain a person in any cognizable case without a warrant from a competent magistrate. However, under Section 155 of the Cr.PC, the police must obtain a signed warrant of arrest from a competent magistrate before arresting in a non-cognizable case.

Significance Of The Topic
Arrest is one of the most important topics of the criminal justice system. Why is it important to study this topic? This is because arrest is used as a tool to convict someone who has been wrongly accused. It tries to stop the wrong thing happens in society. It is used to create a sense of fear among people that if any wrongdoing is done, a person's movement will be restricted to four walls with very basic facilities. A person gives utmost importance to his freedom and the action of arrest takes away this freedom from the person.

The great political philosopher Boling broke once said,

"Liberty is to the collective body what health is to each body. Without health man cannot taste any happiness; without freedom, society cannot enjoy any happiness. These points make it important for us to pay close attention to this topic. It is part of our everyday life in some form or the other."

Origin Of The Concept Of Arrest:

The concept of arrest has been derived from Article 21 which states "Protection of life and personal liberty ": No person shall be deprived of his life or personal liberty except according to procedures established by law.

The second part of Article 21 which is the exception to the first part of Article 21 says that a person can be arrested if it's done according to a procedure established by law.

Therefore, A person can be deprived of his /her liberty or in other words Arrested if it is done according to procedure established by law.

Classification Of Arrest According to Article 22 of the Indian Constitution
  • Punitive Detention (From Article 22 (1 �3).
  • Preventive Detention. (From Article 22 (4-7).

Punitive Detention (From Article 22 (1 �3) :
  • Article 22(1): Any person who is in custody has to be informed as to why he has been arrested.
  • Article 22(2): The arrested individual should be produced before a judicial magistrate within 24 hours of his arrest.
  • Article 22(3): Nothing in clauses (1) and (2) shall apply (a) to any person who for the time being is an enemy alien; or (b) to any person who is arrested or detained under any law providing for preventive detention.

Preventive Detention. (From Article 22 (4-7):
  1. Article 22(4): Parliament may by law prescribe the circumstances under which and the class or classes of cases in which a person who is arrested under any law providing for preventive detention may be detained for a period longer than three months and also the maximum period for which any such person may be so detained.
  2. Article 22(5): When any person is detained in pursuance of an order made under any law providing for preventive detention, the authority making the order shall, as soon as may be, communicate to such person the grounds on which the order has been made and shall afford him the earliest opportunity of making a representation.
  3. Article 22(6): Nothing in clause (5) shall require the authority making any such order as is referred to in that clause to disclose facts which such authority considers to be against the public interest to disclose.
  4. Article 22(7): The Central Legislature can also pass a law which allows for persons to be detained for longer than three months without an Advisory Board hearing.

Definition Of Arrest:

The meaning of the word arrest is " to seize or to capture". If we analyse the meaning of arrest then we get a proper meaning which is "to bring or to stop a person's activity.

The term arrest is neither defined in the CrPC (Code of Criminal Procedure, 1973) nor the IPC (Indian Penal Code, 1860). There are no such definitions of Arrest are given under CRPC but the formal definition of arrest is " restriction on movement of a person."

Arrest How Made?

The procedure of how an arrest is to be made is provided under section 46 of this code.

By Actual Touching Or Confining.
By Using Necessary Force.

By Actual Touching Or Confining:
To Arrest a person, the arresting authority has to touch or confine the body of a person unless there be a submission to the custody by word or action.

By Using Necessary Force:
If such person forcibly resists any attempt to arrest him or attempts to evade arrest, such police officer or other person may use all means necessary to effect the arrest.

Nothing in this section confers any right to cause the death of a person who is not accused of an offence punishable with death or imprisonment for life.

In Case Of Arrest Of Woman :
General Rule

After Sunset
Before Sunrise

Woman shall be arrested In special circumstances

After Sunset
Before Sunrise
  • With Permission Of Judicial Magistrate 1st Class Within Their Local Jurisdiction Offence Is Committed.
  • By Women Police Officer.

Case: State Of Maharashtra Vs Christian Community Welfare Council Of India , 2003.
In this case, it was held that the arresting authority should make all efforts to have a woman constable present while arresting a female person, except in circumstances where the arresting authority is satisfied that the presence of a woman constable is not available or where It is not possible and/or the arrest is delayed by ascertaining that the presence of the lady constable would obstruct the investigation, for reasons to be recorded before such arresting officer or immediately after the arrest. , day or one day will be allowed to do so. A woman person will be allowed to be arrested at any time of the night for valid reasons. On the circumstances of the case even without the presence of the lady constable.

Who May Arrest?

Arrest of any Person can done by:
  • Police Officer (Section 41 & 42).
  • Private Person (Section 43).
  • Magistrate (Section 44).

Who May Called A Police Officer?

To arrest any person under sections 41& 42 Crpc, the arresting authority is the police. But who may call a police officer?

Case: Jangi Vs Emperor 1944
In this case, it was held that except Puin and chaukidar, Persons /Members Employed in a Police Station are Called police officers.

However, Puin & Chaukidar may arrest any person as a Private person.

When Police May Arrest Without Warrant (Section 41):
Any police officer may without an order of magistrate and a warrant arrest any person:
In the presence of a police officer, a person commits a cognizable offence.
  • Police officer has a reasonable complaint against such a person.
  • Incredible information.
  • Person commits any offence outside India.
  • Person escape from judicial custody.
  • Person deserted of armed forces.
  • Breach of provocation.

Arrest On Refusal To Give Name & Residence (Section 42):
  1. When any person who is in the presence of a police officer has committed or is accused of Committing a non-cognizable offence refuses to give his name & residence or gives false information About name and resident, he may arrested by a police officer.
  2. When the true name and address of such person are known, he shall be released on (a) his own bond (b) on bail (c) special order of magistrate given in section 59 crpc.

Arrest By Private Person And Procedure Of Arrest (Section 43):
Any private person may arrest any person who in his presence commits:
  • Non-bailable offence.
  • Cognizable offence.
  • Proclaimed offender
Then, without unnecessary delay hand over to the police officer or in the absence of a police officer take such person to the nearest police station. After handover by the private person to the police officer, the police officer shall re-arrest him.

Arrest By Magistrate (Section 44):
When an offence is committed in the presence of a Magistrate, whether within his local jurisdiction (Executive Magistrate or Judicial Magistrate), he can arrest himself or order any person to arrest the offender/person. (However, magistrates beyond their jurisdiction may arrest any person as a Private person.

As such provisions related to the arrest and detention of a person are according to Article 21 of constitution of the India as fundamental rights and they provide natural justice, the procedure for the same is given under the code of criminal procedure and it protects the rights of an arrested person as well as maintains peace in the society as shown in the case of Maneka Gandhi Vs Union Of India (1978).

  • Takwani.(2021) code of criminal procedure , LexisNexis.
  • Jangi v emperor 1944 (AIR1944 ALLAHABAD117).
  • (Manika Gandhi v Union Of india 1978).

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