Arrest of The Accused
Arrest of The Accused
• who obstructs a police officer while in the execution of his duty, or who
has escaped, or attempts to escape, from lawful custody.
• who has been concerned in, or against whom a reasonable complaint has
been made, or credible information has been received, or a reasonable
suspicion exists, of his having been concerned in, any act committed
at any place out of India which, if committed in India, would have
been punishable as an offence, and for which he is, under any law
relating to extradition, or otherwise, liable to be apprehended or detained in
custody in India.
When police may arrest without warrant
A Police officer may arrest without warrant to a person
• for whose arrest any requisition, whether written or oral, has been
received from another police officer, provided that the requisition
specifies the person to be arrested and the offence or other cause for which
the arrest is to be made and it appears therefrom that the person might
lawfully be arrested without a warrant by the officer who issued the
requisition.
Sec 41A. states that the police officer shall, in all cases where the
arrest of a person is not required under the provisions of sub-
section (1) of section 41, issue a notice directing the person
against whom a reasonable complaint has been made, or credible
information has been received, or a reasonable suspicion exists that
he has committed a cognizable offence, to appear before him or
at such other place as may be specified in the notice.
Where such person, at any time, fails to comply with the terms of
the notice or is unwilling to identify himself, the police officer
may, subject to such orders as may have been passed by a competent
Court in this behalf, arrest him for the offence mentioned in the
notice.
Arrest on refusal to give name and residence
Sec 42 states that when any person who, in the presence of a police
officer, has committed or has been accused of committing a
non-cognizable offence refuses, on demand of such officer,
to give his name and residence or gives a name or residence
which such officer has reason to believe to be false, he may be
arrested by such officer in order that his name or residence may be
ascertained.
When the true name and residence of such person have been
ascertained, he shall be released on his executing a bond.
If the true name is not ascertained with 24 hours than he shall be
forwarded to the nearest Magistrate.
Arrest by Private Person
In this case, the petitioner, Joginder Kumar, was called to the office
of the Senior Superintendent of Police [SSP], Ghaziabad in
connection with some inquiries. He was accompanied by friends
and his brother, who were told by the police that he would be
released in the evening. But Joginder Kumar was taken to a police
station with the assurance that he would be released the next day. Next
day, too he was not released as the police wanted his help in making
further inquiries. When his family went to the police station on the
third day, they found that he had been taken to an undisclosed
location. In effect, Joginder Kumar was illegally detained over
a period of five days. So a writ petition was filed for release of
petitioner.
Joginder Kumar vs. State of U.P Cont…….
Here the Court stated that no arrest can be made because it is lawful
for the police officer to do so. The existence of the power to
arrest is one thing. The justification for the exercise of it is
quite another. The police officer must be able to justify the arrest
apart from his power to do so.
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 personnel who handle interrogation of
the arrestee must be recorded in a register.
D.K. Basu vs State 0f West Bengal Cont…….
2. That the Police Officer carrying out the arrest of the arrestee shall
prepare a memo of the arrest at the time of arrest and
such memo shall be attested by at least one witness who
may be either 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 counter signed by the arrestee and shall contain the
time and date of arrest.
D.K. Basu vs State 0f West Bengal Cont…….
Sec 41B which was inserted by Amendment in 2010 states that every
police officer while making an arrest shall—
(a) bear an accurate, visible and clear identification of his name which will
facilitate easy identification;
(i) attested by at least one witness, who is a member of the family of the person
arrested or a respectable member of the locality where the arrest is made;
(2) The State Government shall cause to be displayed on the notice board
kept outside the control rooms at every district, the names and addresses of
the persons arrested and the name and designation of the police officers who
made the arrests.
(3) The control room at the Police Headquarters at the State level shall collect
from time to time, details about the persons arrested, nature of the offence
with which they are charged and maintain a database for the information of
the general public.
Arrest How Made?
• It held that a person can be in custody not merely when the police arrest
him, produces him before a Magistrate and gets a remand to judicial or
other custody.
• Therefore the Court held that the appellant was within his right
to inflict these injuries cither under the powers vested in
him under Section 46 Cr.PC or in the right of his private
defence of person. He cannot be said to have exceeded that right
and in these circumstances he cannot be held guilty of any other
offence.
• Sec 47 (3) states that a police officer has the power to break open
a door or window if he has been detained therein while
arresting a person.
Arrest of a Person
• Sec 48 states that a police officer may, for the purpose of arresting
without warrant any person whom he is authorised to arrest,
pursue such person into any place in India. Here the police
officer is given power to arrest the accused person in any place in
India.
• In this case, the Court stated that fetters, especially bar fetters,
shall be shunned as violative of human dignity, within and
without prisons. The indiscriminate resort to handcuffs when accused
persons are taken to and from court and the expedient of forcing
irons on prison inmates are illegal and shall be stopped forthwith.
Reckless handcuffing and chaining in public degrades, puts to shame
finer sensibilities and is a slur on our culture.
• In this case, the Court held that handcuffs are prima facie
inhuman, unreasonable, and at first blush arbitrary without fair
procedure and objective monitoring. The Court recognized the need
to secure the prisoner from fleeing but asserted that this does not
compulsorily require handcuffing.
• Sec 50 (2) states that where a police officer arrests without warrant
any person other than a person accused of a non-bailable
offence, he shall inform the person arrested that he is entitled to
be released on bail and that he may arrange for sureties on his
behalf.
Search of Arrested Person
• Sec 51 provides that whenever a person is arrested, than the officer
making an arrest may search such person, and place in safe
custody all articles, other than necessary wearing-apparel,
found upon him and where any article is seized from the arrested
person, a receipt showing the articles taken in possession by the
police officer shall be given to such person.
• the name and address of the accused and of the person by whom he
was brought,
• the description of material taken from the person of the accused for
DNA profiling, and
• The report shall state precisely the reasons for each conclusion
arrived at.