Arrest of the Accused

By: Hifajatali Sayyed

 Introduction
• The term “Arrest” means apprehension of a person by legal
authority so as to cause deprivation of his liberty.

• In criminal law, arrest is an important tool for bringing an accused

before the court and to prevent him from absconding.

• The meaning of Arrest is a seizure or forcible restraint; an

exercise of the power to deprive a person of his or her
liberty; the taking or keeping of a person in custody by legal
authority, especially, in response to a criminal charge.

• In Indian law, Criminal Procedural Code 1973 , chapter

V (Section 41 to 60) deals with Arrest of a person but it does not
define arrest anywhere.
 When police may Arrest without Warrant
• Sec 41 of CrPC provides for arrest of a person without warrant from
a Magistrate under several circumstances:

• Sec 41 (1)(a) states that is a person has committed a cognizable

offence in the presence of a police officer than any police
officer may arrest such person without a warrant.

• This sub-clause gives power to police officer to arrest without

warrant considering the necessity of immediate action that
needs to be taken against such accused person who has committed
cognizable offence in the presence of police officer.
 When police may Arrest without Warrant
• Sec 41 (1)(b) of CrPC states that if a 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 punishable
with imprisonment for a term which may be less than
seven years or which may extend to seven years than a police
officer can arrest him if the following conditions are satisfied:

• the police officer has reason to believe on the basis of such

complaint, information, or suspicion that such person has
committed the said offence.
 When police may Arrest without Warrant
The police officer is satisfied that such arrest is necessary

To prevent commission of any further offence by the

accused or A Police officer
must record the
reason of arrest
For proper investigation of the offence in writing if
arrest is
needed.
Prevent disappearance of/tamper of evidence by the
accused If the officer
decides not to
arrest then the
To prevent influencing of witnesses by the accused reason for not
arresting also is
to be recorded
Ensure the presence of accused before Court in writing
 When police may arrest without warrant
 A Police officer may arrest without warrant to a person

• against whom credible information has been received that he has

committed a cognizable offence punishable with imprisonment for a term
which may extend to more than seven years whether with or without
fine or with death sentence and the police officer has reason to believe
on the basis of that information that such person has committed the said
offence.

• who has been proclaimed as an offender either under this Code or by

order of the State Government.

• in whose possession anything is found which may reasonably be suspected

to be stolen property and who may reasonably be suspected of having
committed an offence with reference to such thing.
 When police may arrest without warrant
 A Police officer may arrest without warrant to a person

• who obstructs a police officer while in the execution of his duty, or who
has escaped, or attempts to escape, from lawful custody.

• who is reasonably suspected of being a deserter from any of the Armed

Forces of the Union.

• 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

• who, being a released convict, commits a breach of any rule made

under sub-section (5) of section 356.

• 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.

• Subject to the provisions of section 42, no person concerned in a non-cognizable

offence or against whom a complaint has been made or credible information has
been received or reasonable suspicion exists of his having so concerned, shall be
arrested except under a warrant or order of a Magistrate.
 When police may arrest without warrant
 The generality of language and the consequent wide discretion
vesting in police officers is indeed enormous – and that has
been the very source of abuse and misuse.

 The qualifying words “reasonable”, “credible” and “reasonably” in

the Section mean nothing in practice. They have become
redundant; in effect.
 Notice of appearance before police officer

 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 a notice is issued to any person, it shall be the duty

of that person to comply with the terms of the notice.
 Notice of appearance before police officer

 Where such person complies and continues to comply with the

notice, he shall not be arrested in respect of the offence referred
to in the notice unless, for reasons to be recorded, the police officer
is of the opinion that he ought to be arrested.

 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

 Sec 43 states that any private person may arrest or cause to be

arrested any person who in his presence commits a non-
bailable and cognizable offence, or any proclaimed
offender, and, without unnecessary delay, shall make over or cause
to be made over any person so arrested to a police officer, or, in the
absence of a police officer, take such person or cause him to be
taken in custody to the nearest police station.
 Arrest by Magistrate

 Sec 44 states that when any offence is committed in the

presence of a Magistrate, whether Executive or Judicial, within
his local jurisdiction, he may himself arrest or order any person to
arrest the offender, and may thereupon, subject to the provisions
herein contained as to bail, commit the offender to custody.

 Any Magistrate, whether Executive or Judicial, may at any time

arrest or direct the arrest, in his presence, within his local
jurisdiction, of any person for whose arrest he is competent at the
time and in the circumstances to issue a warrant.
 Protection of members of the Armed Forces from
arrest

 Sec 45 states that no member of the Armed Forces of

the Union shall be arrested for anything done or
purported to be done by him in the discharge of his
official duties except after obtaining the consent of the
Central Government.
 Joginder Kumar vs. State of U.P (AIR 1994 SC 1349)

 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.

 Arrest and detention in police lock-up of a person can cause

incalculable harm to the reputation and self-esteem of a person.

 A person is not liable to arrest merely on the suspicion of complicity

in an offence. There must be some reasonable justification in
the opinion of the officer effecting the arrest that such arrest is
necessary and justified.
 Joginder Kumar vs. State of U.P Cont…….

 These rights are inherent in Articles 21 and 22(1) of the Constitution

and require to be recognised and scrupulously protected. For
effective enforcement of these fundamental rights, Hon’ble Court
issued the following guidelines:

1. An arrested person being held in custody is entitled, if he so

requests to have one friend, relative or other person who is
known to him or likely to take an interest in his welfare told as far
as is practicable that he has been arrested and where he is
being detained.
 Joginder Kumar vs. State of U.P Cont…….

2. The police officer shall inform the arrested person when he is

brought to the police station of this right.

3. An entry shall be required to be made in the diary as to

who was informed of the arrest. These protections from power
must be held to flow from Articles 21 and 22(1) and enforced
strictly.

 It was further directed that, it shall be the duty of the Magistrate,

before whom the arrested person is produced, to satisfy himself that
these requirements have been complied with.
 D.K. Basu vs State 0f West Bengal (AIR 1997 SC 610)

 In this case, the Executive Chairman, Legal Aid Services, West

Bengal, a non- Political organisation on 26.08.1986 addressed a
letter to the Chief Justice of India drawing his attention to certain
news items published in the Telegraph Newspaper regarding
deaths in police lock up and custody. He requested that the
letter be treated as a Writ Petition within the “Public Interest
Litigation” category. Considering the importance of the issues raised
in the letter, it was treated as a Writ Petition and notice was served
to the Respondents.
 D.K. Basu vs State 0f West Bengal Cont…….

 The Court opined that Custodial Violence, including Torture

and Death in Lock ups, strikes a blow at the Rule of Law.

 The Court observed that despite the presence of several

Constitutional and Statutory provisions aimed at
safeguarding the personal liberty and life of a citizen, there
had been several instances of torture and deaths in police custody
which was a disturbing factor.

 The Court severely criticised the existence of Custodial Death and

regarded it to be one of the worst Crimes in a Civilised Society to be
governed by the Rule of Law.
 D.K. Basu vs State 0f West Bengal Cont…….

 The Court issued a list of guidelines in addition to the

Constitutional and Statutory Safeguards which were to be followed
in all cases of arrest and detention. The guidelines are as follows:

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…….

3. A person who has been arrested or detained and is being held in

custody in a police station or interrogation centre or other lock-up,
shall be entitled to have one friend or relative or other
person known to him or having interest in his welfare
being informed, as soon as practicable, that he has been
arrested and is being detained at the particular place,
unless the attesting witness of the memo of the arrest is himself
such a friend or a relative of the arrestee.
 D.K. Basu vs State 0f West Bengal Cont…….

4. The time, place of arrest and venue of custody of an

arrestee must be notified by the police where the next friend or
relative of the arrestee lives outside the district or town
through the Legal Aid Organisation in the District and the
police station of the area concerned telegraphically within period of
8 to 12 hours after the arrest.

5. The person arrested must be made aware of his right to

have someone informed of his arrest or detention as soon
he is put under arrest or is detained.
 D.K. Basu vs State 0f West Bengal Cont…….

6. An entry must be made in the Case Diary at the place of

detention regarding the arrest of the person which shall also
disclose the name of the next friend of the person who has
been informed of the arrest and the names and particulars if the
police official in whose custody the arrestee is.

7. The Arrestee should, where he so requests, be also examined at

the time of his arrest and major and minor injuries, if
present on his/her body, must be recorded at that time.
The “Inspection Memo” must be signed both by the arrestee and
the police officer effecting the arrest and its copy provided to the
arrestee.
 D.K. Basu vs State 0f West Bengal Cont…….

8. The arrestee should be subjected to medical examination by a

trained doctor every 48 hours during his detention in
custody by a doctor on the panel of approved doctors appointed
by the Director, Health Services of the concerned State or Union
Territory.

9. Copies of all the documents including the memo of arrest

should be sent to the Magistrate for his record.

10. The Arrestee may be permitted to meet his lawyer during

interrogation, though not throughout the interrogation.
 D.K. Basu vs State 0f West Bengal Cont…….

11. A Police Control Room should be provided at all district

and state headquarters, where information regarding the
arrest and the place of custody of the arrestee shall be
communicated by the officer causing the arrest, within 12
hours of effecting the arrest and at the Police Control Room
Board, it should be displayed on a conspicuous notice
board.
 Procedure of arrest and duties of officer making arrest

 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;

(b) prepare a memorandum of arrest which shall be—

(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;

(ii) countersigned by the person arrested; and

(c) inform the person arrested, unless the memorandum is attested by a

member of his family, that he has a right to have a relative or a friend named by
him to be informed of his arrest.
 Control room at districts

 Sec 41C states that:

The State Government shall establish a police control room—

(a) in every district; and

(b) at State level.

(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?

 Section 46 CrPC describes the way in which an arrest is actually

made. As per Section 46(1), unless the person being arrested
consents to the submission to custody by words or actions, the
arrester shall actually touch or confine the body of the
person to be arrested. Since arrest is a restraint on the liberty of
the person, it is necessary for the person being arrested to either
submit to custody or the arrester must touch and confine his
body.
 It further states that where a woman is to be arrested,
unless the police officer is a female, the police officer shall
not touch the person of the woman for making her arrest.
 Arrest How Made?

 Bharosa Ramdayal vs Emperor, 1941

• In this case the court held that if a person makes a
statement to the police accusing himself of
committing an offence, he would be considered to have
submitted to the custody of the police officer. Similarly, if
the accused proceeds towards the police station as
directed by the police officer, he has submitted to the
custody. In such cases, physical contact is not required.
 Arrest How Made?

 Sec 46 (2) provides that if such person forcibly resists the

endeavour to arrest him, or attempts to evade the arrest, such
police officer or other person may use all means
necessary to effect the arrest.

 Sec 46 (3) states that nothing in this section gives a right

to cause the death of a person who is not accused of an
offence punishable with death or with imprisonment for life.
 Arrest How Made?
 Dakhi Singh vs State (AIR 1955 All 379)
In this case, a thief was arrested by a police constable and was being taken
in a train. The thief escaped from a running train. The constable pursued
him. When the constable was not in a position to arrest him, he fired at
him. But, in that process, the shot hit other person and he died.
Here the Supreme Court referred to Section 46, Criminal Procedure
Code, which lays down that when a police officer arrests a person and
such person forcibly resists the endeavour to arrest him or attempts to
evade the arrest, such police officer may use all means necessary to effect
the arrest; but this does not give a right to cause the death of the person
unless he is accused of an offence punishable with death or imprisonment
for life. So the accused has exceeded his power and is covered under
exception 3 of sec 300 liable for culpable homicide not amounting to
murder.
 Arrest How Made?
 State of Haryana vs Dinesh Kumar [(2008) 3 SCC 222]
• In this case, the issue was whether the manner in which
respondent had appeared before the Magistrate and was
released without being taken into formal custody could amount to
arrest.
• The respondent without surrendering to the police had
appeared before the Magistrate with his lawyer and was
immediately granted bail.
• The High Court held that since the accused had neither surrendered nor
had taken into custody, it could not be said that he had actually been
arrested.
• The Supreme Court disagreed with the High Court.
 Arrest How Made?
 State of Haryana vs Dinesh Kumar Cont……..
• It held that even in such circumstances, the appearance of the accused
before the Magistrate amounts to arrest.

• 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.

• He can be stated to be in judicial custody when he surrenders

before the Court and submits to its directions. Supreme Court said
that High Court had erred in coming to a finding that the accused had never
been arrested since he had voluntarily appeared before the magistrate and
had been granted bail immediately.
 Arrest How Made?
 Gajender Singh vs State of Rajasthan (1988 WLN (UC) 460)
• In this case, appellant Gajender Singh has been convicted
under Section 304, Part-II, IPC by Sessions Judge and has
preferred an appeal before the High Court against the order of
conviction.
• The facts of the case is that one Kanji accused was wanted in
connection with an offence under Section 307, IPC and a warrant
of arrest had been issued against him being. In pursuance of
this warrant the present appellant Gajender Singh, who was at the
time posted as Head Constable at Police Station, Banswara, was
sent to village to affect the arrest of Kanji.
 Arrest How Made?
 Gajender Singh vs State of Rajasthan Cont……

• When appellant Gajender Singh went to the house of Kanji to

arrest him he tried to rescue the arrest but he was overpowered by
Gajender Singh.

• In the meantime Badariya (father of Kanji) also tried to

resist arrest of Kanji and he caught hold of appellant Gajender
Singh. On account of this Gajendra Singh lost control over Kanji,
who escaped and Badariya grappled with Gajender Singh. On
account of this scuffle both the parties, namely, Badariya as well as
Gajender Singh received injuries.
 Arrest How Made?
 Gajender Singh vs State of Rajasthan Cont……

• Subsequently the information was given to the Superintendent of

Police who reached the spot and admitted Badariya to the hospital.

• After Badariya was admitted his condition deteriorated and

while he was still conscious he informed Dr. B.S. Rathore that
he had been beaten by Gajender Singh, Head Constable and
after saying so, he lost his consciousness and ultimately died.

• So a case was registered against the appellant u/s 304 of IPC.

• The Sessions Judge convicted the appellant and so this appeal

preferred before the High Court.
 Arrest How Made?
 Gajender Singh vs State of Rajasthan Cont……
• Here the Court stated that as the appellant went to execute the
warrant he was discharging his duty.
• When Badariya resisted the arrest of Kanji and tried to rescue him,
Badariya was certainly guilty under Section 225 IPC, which is a
cognizable offence and, therefore, Gajender Singh had further right to
arrest him and during the course of this rescue and arrest he could use
all means necessary to effect the arrest under Section 46 Cr.PC.
• So the Court held that appellant Gajender Singh was within his
right to cause injuries to Badariya when he tried to rescue Kanji and
Gajender Singh had also the right of private defence of his person
since it appears that in the course of rescue injuries had been caused to
Gajender Singh.
 Arrest How Made?
 Gajender Singh vs State of Rajasthan Cont……

• 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.

• The appellant was acquitted of the charge.

 Arrest How Made?
 State of Maharashtra vs. Christian Community Welfare
Council of India [(2003) 8 SCC 546]
• In this case, some of the policemen on duty in the Crime Branch
Office of Nagpur City took into custody one Junious Adam
Illamatti, on 23.6.1993. While he was in Police custody, it is stated
he was found dead.
• It is also alleged that when his wife Jarina Adam went to the Police
Station to enquire about her husband, she was also locked up by
the said Police and molested.
• On 26.6.1993 a criminal case was registered for offences under
Sections 302, 342, 330, 354 read with 34 against 10 Police Officers.
 Arrest How Made?
 State of Maharashtra vs. Christian Community Welfare
Council of India Cont……
• Here the Bombay High Court, to uphold the dignity of women, held
that no female persons shall be detained or arrested without
the presence of lady constable and in no case, after sunset and
before sunrise.
• But apex court in appeal, whilst agreeing with the object behind
the direction issued by high court, opined that strict
compliance of the said direction, in the given circumstance,
would cause practical difficulties to the investigating agency and
might give room for evading the process of law by unscrupulous
accused.
 Arrest How Made?
 State of Maharashtra vs. Christian Community Welfare Council of
India Cont……
• Court said that it may not be always possible and practical to have the
presence of a lady constable when the necessity for such arrest arises.
Therefore apex court decided to modify the direction issued by Bombay
High Court without disturbing the object behind the same and held that
arresting authority, while arresting female person, all efforts should be
made to keep a lady constable present but in circumstances where the
arresting officers is reasonably satisfied that presence of a lady constable is not
available or possible and / or the delay in arresting caused by securing the
presence of a lady constable would impede the course of investigation such
arresting officer for reasons to be recorded either before the arrest or
immediately after the arrest be permitted to arrest a female person for
lawful reasons at any time of the day or night depending on the
circumstances of the case even without the presence of a lady constable.
 Arrest How Made?
• Due to concerns of violation of the rights of women, a new
provision was inserted i.e. Section 46(4) that forbids the
arrest of women after sunset and before sunrise, except
in exceptional circumstances, in which case the arrest can
be done by a woman police officer after making a written
report and obtaining a prior permission from the
concerned Judicial Magistrate of First class.

• This clause was inserted by amendment act of 2005.

Search of place entered by person sought
to be arrested
• Sec 47 (1) provides that if a police officer has reason to believe that
the accused has entered any place, than the owner of such
place may allow the police officer to enter and search the place.

• Sec 47 (2) states that if ingress to such place cannot be

obtained than the police officer can break the door or window
of such place to enter such place.

• 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.

• Sec 49 limits the power of police officer in making an arrest. It

states that the person arrested shall not be subjected to more
restraint than is necessary to prevent his escape.
 Arrest of a Person
 Sunil Batra vs Delhi Administration (AIR 1978 SC 1675)

• 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.

• Under-trials shall be deemed to be in custody, but not undergoing

punitive imprisonment. So much so, they shall be accorded more
relaxed conditions than convicts.
 Arrest of a Person
 Prem Shankar Shukla vs Delhi Administration (AIR 1980
SC 1535)

• 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.

• The Court has given certain guidelines regarding

handcuffing.
 Arrest of a Person
 Prem Shankar Shukla vs Delhi Administration Cont....

• Handcuffing to be used only if a person is:

• a) involved in serious non-bailable offences, has been

previously convicted of a crime; and/or

• b) is of desperate character- violent, disorderly or obstructive;

and/or

• c) is likely to commit suicide; and/or

• d) is likely to attempt escape.

 Arrest of a Person
 Prem Shankar Shukla vs Delhi Administration Cont....

• Reasons for handcuffing must be clearly recorded in the police

Daily Diary in order to reduce discretion.

• Police must first seek judicial permission for the use of

restraint during arrest or on a detainee.

• At first production of an arrested person, the Magistrate must

inquire whether handcuffs or fetters were used, and if so,
demand an explanation.
 Arrest of a Person
 Citizen for Democracy through its President vs. State of
Assam (AIR 1996 SC 2193)
• In this case, the petitioner visited the government hospital
Guwahati. He found 7 TADA detenus put in one room,
handcuffed to their bed. This was despite the fact that the
room in which they were locked had bars and was locked.
Outside policemen stood with guns on their shoulders. After talking
to the detenus he found that they had to pay for the medicine from
their own pocket.
• So the petitioner wrote a letter to the Supreme Court regarding the
condition of arrested person which was considered as Writ petition.
 Arrest of a Person
 Citizen for Democracy through its President vs. State of
Assam Cont…

• Here the Court elaborated upon the requirement of prior

judicial approval for the use of handcuffs.

• In case of an arrest with a warrant, handcuffs can be used only

with the prior permission of the Magistrate; in case of
warrantless arrests, handcuffs can be used by police satisfying the
requirements of law till the time the person is produced before the
Magistrate after which permission is to be sought.
 Arrest of a Person
 Citizen for Democracy through its President vs. State of
Assam Cont…

• The court also went a step further in stating that violations of

directives on handcuffing by any rank of police officer or
member of the jail establishment to be punishable under
Contempt of Court Act 1971 in addition to other provisions of
the law.
Information of Grounds of Arrest
• Sec 50 (1) provides that every police officer or other person arresting
any person without warrant shall forthwith communicate to him
full particulars of the offence for which he is arrested or other
grounds for such arrest.

• 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.

• It also provides that whenever it is necessary to cause a female to

be searched, the search shall be made by another female
with strict regard to decency.
Power to seize offensive weapons
• Sec 52 provides that the officer or other person making any arrest
under this Code may take from the person arrested any
offensive weapons which he has about his person, and shall
deliver all weapons so taken to the Court or officer before which or
whom the officer or person making the arrest is required by this
Code to produce the person arrested.
 Medical Examination at the request of Police Officer

• Sec 53 provides that when a person is arrested and there are

reasonable grounds for believing that an examination of his
person will afford evidence as to the commission of an offence,
it shall be lawful for a registered medical practitioner,
acting at the request of a police officer not below the rank of sub-
inspector, and for any person acting in good faith in his aid and
under his direction, to make such an examination of the
person arrested as is reasonably necessary in order to ascertain
the facts which may afford such evidence, and to use such force
as is reasonably necessary for that purpose.
 Medical Examination at the request of Police Officer

• It further provides that whenever a female is to be examined

under this section, the examination shall be made only by, or under
the supervision of, a female registered medical
practitioner.
 Medical Examination at the request of Police Officer

 Anil Lokhande vs State of Maharashtra (1981) CriLJ 125

• In this case, he Court has held that the medical examination of the
accused is not violative of Article 20(3) of the Constitution as it
would not amount to compelling arrested person ‘to be a witness’
against himself. The examination may include testing of blood,
sputum, semen, urine, etc. along with the visible parts of the body.
• Such examination though leads for discomfort, pain or hurt is justifiable
if the process of examination is reasonable. It is also held that even in
spite of the fact that the accused is released on bail, he is still
a person arrested on a charge of committing an offence and,
therefore, his medical examination can be carried out under Section 53
of the Code.
 Examination of person accused of rape by Medical
Practitioner

• Sec 53-A states that when a person is arrested on a charge of

committing an offence of rape or an attempt to commit
rape and there are reasonable grounds for believing that an
examination of his person will afford evidence as to the commission
of such offence, it shall be lawful for a registered medical
practitioner, acting at the request of a police office to make such an
examination of the arrested person and to use such force as is
reasonably necessary for that purpose.
 Examination of person accused of rape by Medical
Practitioner

• The registered medical practitioner shall examine the person and

prepare a report of his examination giving the following particulars:

• the name and address of the accused and of the person by whom he
was brought,

• the age of the accused,

• marks of injury, if any, on the person of the accused,

• the description of material taken from the person of the accused for
DNA profiling, and

• other material particulars in reasonable detail.

 Examination of person accused of rape by Medical
Practitioner

• The report shall state precisely the reasons for each conclusion
arrived at.

• The exact time of commencement and completion of the

examination shall also be noted in the report.

• The registered medical practitioner shall, without delay, forward

the report to the investigating officer, who shall forward it to
the Magistrate.
Examination of arrested person by medical officer soon
after the Arrest

• Sec 54 states that When any person is arrested, he shall be examined

by a medical officer in the service of Central or State Government,
soon after the arrest is made.

• The medical officer or a registered medical practitioner so

examining the arrested person shall prepare the record of such
examination, mentioning therein any injuries or marks of
violence upon the person arrested, and the approximate time
when such injuries or marks may have been inflicted.

• A copy of such report to be furnished to arrested person.

 Identification of Person Arrested

• Sec 54-A states that where a person is arrested on a charge of

committing an offence and his identification by any other person or
persons is considered necessary for the purpose of investigation of
such offence, the Court, having jurisdiction may, on the request of
the officer in charge of a police station, direct the person
so arrested to subject himself to identification by any person
or persons in such manner as the Court may deem fit.
• If the person who is identifying the accused is mentally or
physically disabled, such process of identification shall take place
under the supervision of a Judicial Magistrate who shall
ensure that the method is comfortable for such person.
 Identification of Person Arrested

• Also if the person identifying the person arrested is mentally or

physically disabled, the identification process shall be
videographed.

• This is only to ensure that the person who is mentally or physically

disabled is not influenced by any person while identifying the
arrested person.