The Code of Criminal Procedure, 1973 establishes the procedural elements of
the arrest process. The whole method of arresting a person who has committed
some offence is outlined in it. The primary goal of criminal legislation is to
protect citizens from criminals and lawbreakers.
As a result, both factual and
administrative law make up criminal law. Section 41 to section 60 formulating
chapter 5 of the code deals with this, under which three people have the
right to arrest i.e., a police officer (with or without warrant) or a private
citizen or a magistrate.
The complete process with relevant provisions is described as below:
- Section 46 states out about how an arrest can be made. Clause 1 says
that unless the individual to be arrested submits himself to police custody,
direct contact shall be made by the police official to the body of the
prior. Clause 2 gives the police right to use all necessary means to arrest
the accused, in case latter resists or attempts to escape the arrest where
clause 3 restricts the police officer from causing death if the accused's offence is not punishable
with death or life imprisonment.
- Section 51 gives guidelines for searching of the arrested person. Any
items other than appropriate clothing attire found on the accused person
will be placed in safe custody. If any article is removed from the detained
person, the arrested person will be given a receipt listing the items taken
into custody by the police officer. However, clause 2 of this section is
specified to females and according to it the females, whenever necessary,
can only be searched by a lady police.
- Section 55 grants the power to the police officer to assign a
subordinate officer while providing in writing all the necessary details
pertaining to the arrest of the accused. Section 58 correspondingly
requires from the police station's officer in charge to report all the cases
of arrested persons in Memo to Judicial Magistrate.
- The Code of Criminal Procedure 1973
- id, s.46.
- id, s.51.
- id, s.55.
- id, s.58.