Q2 CRPC Assignment
Q2 CRPC Assignment
Synopsis :
Introduction & Meaning
Provisions Related to Arrest under CRPC
Who has the Power to arrest?
Provision for Members of Central Armed Forces
Special Provision Regarding Arrest of Females
D.K. Basu's Case - Rights & Guidelines for an Arrest
Conclusion
The basic procedure to make an arrest has been mentioned under section 46 of the
Code of Criminal Procedure, 1973. Sub-section 1 of this section provides that the
arresting authority has to actually touch or confine the body of the person to be
arrested, and also there can be submitted to custody by words or actions.
Not only policemen but various other authorities have the powers to arrest an
individual according to various provisions of CrPC, including:
1. Involved in any cognizable offense such as murder, rape, kidnapping, theft, etc.
or
2. In possession, without, lawful excuse, of any housebreaking weapon or
3. Proclaimed as an offender either under CrPC or by order of the State Govt. or
4. In possession of any stolen property or
5. Obstructing a police officer while in the execution of his duty or who has
escaped, or attempts to escape, from lawful custody
6. Reasonably suspected of being a deserter from any of the Armed forces of the
Union
7. Concerned with any law relating to extradition
8. Involved in breach of any rule made under sub-section (5) of Section 356 CrPC
9. The one whose arrest's requisition has been received from another police officer
specifying the person to be arrested and the offense and other cause for which
the arrest is to be made.[4]
Section 151 - Provides for the arrest of a person who is suspected to commit any
cognizable offense by the police officer without a warrant from the magistrate, if the
police officer finds no other way of preventing the execution of such offense. A person
arrested under this section can be detained for more than 24 hours from the time of
arrest unless such extended detention is required under provisions of CrPC.
Further, Section 107 of CrPC provides the power to the Executive Magistrate who has
received information for arresting a person who is likely to commit a breach of the
peace or disturb public tranquility in any way, to show cause why he should not be
ordered to execute a bond with or without sureties for keeping the peace for such
period, not exceeding one year, as the Magistrate thinks fit.
Section 45 of CrPC exempts the members of the Armed forces from being
arrested for anything done by them in the discharge of their official duties except after
obtaining the consent of the government.
The general rule is that Females are not be arrested without the presence of a
lady constable and further no female is arrested after sun-set. But there is an exception
in those cases where crime is very heinous and arrest is important .
Some of the important points which were held by the court while deciding upon this
case have been listed as below :
1) Right to be informed grounds for arrest is a basic right.
2) Essentials of a warrant: writing, signed by the presiding officer, and bearing the seal
of the court, as well as the accused's name and address and the offense
3) Memo of Arrest: a memo of arrest must be written, which must be certified by at
least one witness, who might be a family member or a member of the local area where
the arrest is made and countersigned by the detained individual.
4) Right to choose an advocate: The arrested person has been given a right to meet an
advocate of his choice during the course of interrogation.
5) Right to Inform Relative: An arrested person has a right to inform a family member,
relative, or friend about his/her arrest.
6) Right to be not Detained more than 24 Hours: Arrested persons have the right not to
be kept for more than 24 hours without being produced before a magistrate.
7) Right to be Medically Examined: An Arrested person has been given the right to be
medically examined by a medical officer
8) Right to Remain Silent: An arrested individual has the right to remain silent, so that
the arresting authority cannot elicit self-incriminating statements from him against his
will or without his agreement.
Conclusion :
Various provisions have been laid down under CrPC and Indian Constitution in order to
ensure smooth functioning and to prevent any sort of bewilderment while carrying out
the arrest of any individual. Responsively, various rights have been granted to the
arrested persons so as to ensure that they are not subjected to any sort of exploitation
by the arresting authority. Thus, the law has emphasized both the arrested and the
arrestee.
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