File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India

The Procedure For Arrest Of Persons

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[1] 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[2] 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[3] 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[4] 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[5] correspondingly requires from the police station's officer in charge to report all the cases of arrested persons in Memo to Judicial Magistrate.

End-Notes:
  1. The Code of Criminal Procedure 1973
  2. id, s.46.
  3. id, s.51.
  4. id, s.55.
  5. id, s.58.

Law Article in India

Ask A Lawyers

You May Like

Legal Question & Answers



Lawyers in India - Search By City

Copyright Filing
Online Copyright Registration


LawArticles

Section 482 CrPc - Quashing Of FIR: Guid...

Titile

The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of th...

How To File For Mutual Divorce In Delhi

Titile

How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...

Increased Age For Girls Marriage

Titile

It is hoped that the Prohibition of Child Marriage (Amendment) Bill, 2021, which intends to inc...

Privatisation Of Government Sector

Titile

Privatization of presidency Sector Although in today's time most of the services provided in ou...

Child Custody And Support

Titile

When parents divorce or separate legally, the custody of their children is often a contentious ...

Whether Caveat Application is legally pe...

Titile

Whether in a criminal proceeding a Caveat Application is legally permissible to be filed as pro...

Lawyers Registration
Lawyers Membership - Get Clients Online


File caveat In Supreme Court Instantly