ARREST OF PERSON (SECTION 41-60A)
The Criminal Procedure Code (CrPC) in India is a comprehensive legislation that governs various aspects of criminal proceedings, including the powers of the police to arrest individuals and the procedures to be followed during and after an arrest. Sections 41 to 60A of the CrPC deal specifically with arrests, outlining the conditions under which arrests can be made without a warrant, the procedures to be followed, and the rights of the arrested individuals.
SECTION 41: CONDITIONS FOR WARRANTLESS POLICE ARRESTS
Section 41 is a fundamental provision that grants the police the authority to arrest a person without a warrant in specific circumstances. These circumstances include:
- Offense in Presence of Police [Section 41(1)(a)]
- Offense Punishable with 7 Years or Less [Section 41(1)(b)]
- Offense Punishable with Death, Life Imprisonment, or More Than 7 Years [Section 41(1)(ba)]
- Proclaimed Offender [Section 41(1)(c)]
- Possession of Stolen Property [Section 41(1)(d)]
- Obstructs or Escapes from Custody [Section 41(1)(e)]
- Deserter [Section 41(1)(f)]
- Offense Outside India [Section 41(1)(g)]
- Breach of Rule Under Section 356(5) [Section 41(1)(h)]
- Arrest Upon [Section 41(1)(i)]
- Non-disclosure of Name or AddressRequisition
- Preventing Commission of Cognizable Offense (Section 151)
- Breach of Condition Under Section 432 & 433
SECTION 41-A: NOTIFICATION OF MANDATORY APPEARANCE BEFORE POLICE OFFICER
Section 41-A was introduced as an amendment to the CrPC in 2009. It mandates that when the arrest of a person is not immediately necessary, the police officer must issue a notice to the individual directing them to appear before the police officer at a specified time and place. If the person complies with the notice, they may not be arrested unless there are recorded reasons for the arrest.
SECTION 41-B: ARREST PROCEDURE AND RESPONSIBILITIES OF THE ARRESTING OFFICER
Also introduced as an amendment in 2009, Section 41-B lays down the procedure to be followed during an arrest. It includes the requirement for the arresting officer to wear a visible and clear identification, prepare a memorandum of arrest attested by a witness, and inform the arrested person of their right to have a relative or friend informed about their arrest.
SECTION 41-C: CONTROL ROOM AT DISTRICTS
Another 2009 amendment, Section 41-C mandates the establishment of police control rooms at both the district and state levels. These control rooms are responsible for displaying the names and addresses of arrested persons and the names of the police officers who made the arrests. It aims to provide transparency in the arrest process.
SECTION 41-D: RIGHT OF ARRESTED PERSON TO MEET AN ADVOCATE OF HIS CHOICE DURING INTERROGATION
Introduced as part of the 2009 amendments, Section 41-D grants the arrested person the right to consult and meet with an advocate of their choice during interrogation. While this right is provided, it is important to note that the advocate’s presence is not required throughout the entire interrogation process.
SECTION 42: ARREST FOR FAILURE TO PROVIDE NAME AND RESIDENCE INFORMATION
Section 42 empowers the police to arrest a person who refuses to give their name and residence when they have committed or are accused of committing a non-cognizable offense.. This arrest allows the police to ascertain the identity of the person.
SECTION 43: ARREST BY PRIVATE INDIVIDUALS AND THE FOLLOW UP PROCEDURE
Section 43 outlines the circumstances in which a private person can arrest another person. A private person can arrest someone who, in their presence, commits a non-bailable and cognizable offense or is a proclaimed offender. The arrested person is then handed over to the police.
SECTION 44: ARREST BY MAGISTRATE
Section 44 provides authority to a Magistrate, whether Executive or Judicial, to arrest a person within their local jurisdiction when an offense is committed in their presence. This section also allows Magistrates to direct arrests in cases where they have the power to issue a warrant.
SECTION 45: PROTECTION OF MEMBERS OF THE ARMED FORCES FROM ARREST
Section 45 offers protection to members of the Armed Forces of the Union. It specifies that no member of the Armed Forces can be arrested for acts done in the discharge of their official duties without obtaining the consent of the Central Government.
SECTION 46: ARREST HOW MADE
Section 46 describes the procedure for making an arrest. It requires the person making the arrest to physically touch or confine the body of the person to be arrested, unless there is a voluntary submission to custody. This section also emphasizes that the use of force should be reasonable and proportionate.
SECTION 47: SEARCH OF PREMISES ENTERED DURING THE PURSUIT OF A SUSPECT
Section 47 grants the police the authority to search any place that a person sought to be arrested has entered. The person in charge of that place must allow the police to enter and search. This section also permits the police to break open doors or windows if necessary to effect an entrance.
SECTION 48: CHASING SUSPECTS ACROSS JURISDICTIONAL BOUNDARIES
Section 48 allows a police officer to pursue and arrest a person who has escaped or been rescued from lawful custody into any place in India.
SECTION 49: NO UNNECESSARY RESTRAINT
Section 49 emphasizes that a person arrested should not be subjected to more restraint than necessary to prevent their escape.
SECTION 50: PERSON ARRESTED TO BE INFORMED OF GROUNDS OF ARREST AND OF RIGHT TO BAIL
Section 50 mandates that every person arrested without a warrant must be informed of the grounds for their arrest and their right to be released on bail. This section ensures that the arrested person is aware of the reasons behind their arrest.
SECTION 50A: OBLIGATION OF PERSON MAKING ARREST TO INFORM ABOUT THE ARREST TO A NOMINATED PERSON
Section 50A requires the police officer or other person making an arrest to inform a nominated person about the arrest and the location where the arrested person is being held. This ensures that information about the arrest reaches friends, relatives, or nominated individuals promptly.
SECTION 51: SEARCH OF ARRESTED PERSONS
Section 51 empowers the officer making an arrest to search the arrested person. This search is permissible to secure articles other than necessary clothing found on the person, and a receipt should be provided for any seized articles.
SECTION 52: POWER TO SEIZE OFFENSIVE WEAPONS
Section 52 allows the officer making an arrest to seize any offensive weapons found on the person arrested and deliver them to the appropriate authority.
SECTION 53: EXAMINATION OF ACCUSED BY MEDICAL PRACTITIONER AT THE REQUEST OF POLICE OFFICER
Section 53 provides for the examination of an arrested person by a registered medical practitioner at the request of a police officer. This examination is conducted when there are reasonable grounds to believe that it will provide evidence related to the commission of an offense.
SECTION 53A: MEDICAL EXAMINATION OF RAPE SUSPECTS
Section 53A specifically addresses the examination of persons accused of rape. It allows a registered medical practitioner to conduct an examination of the accused person to gather evidence related to the alleged rape.
SECTION 54: EXAMINATION OF ARRESTED PERSON BY MEDICAL PRACTITIONER AT THE REQUEST OF THE ARRESTED PERSON
Section 54 ensures that an arrested person has the right to request an examination of their body if they believe it will provide evidence that disproves their involvement in the alleged offense.
SECTION 54A: IDENTIFICATION OF PERSON ARRESTED
Section 54A deals with the identification of persons arrested. If an arrested person is to be identified by another person, the court may direct the arrested person to subject themselves to identification in a manner determined by the court.
SECTION 55: PROCEDURE WHEN POLICE OFFICER DEPUTES SUBORDINATE TO ARREST WITHOUT WARRANT
Section 55 outlines the procedure to be followed when a police officer delegates the arrest of a person without a warrant to a subordinate officer. It requires the subordinate officer to deliver a written order specifying the person to be arrested and the reason for the arrest.
SECTION 55A: WELFARE AND SAFETY OF DETAINED INDIVIDUALS
Section 55A emphasizes the duty of the person having custody of an accused person to take reasonable care of the health and safety of the accused.
SECTION 56: PERSON ARRESTED TO BE TAKEN BEFORE MAGISTRATE OR OFFICER IN CHARGE OF POLICE STATION
Section 56 requires the police officer making an arrest to take the arrested person without unnecessary delay to a Magistrate or the officer in charge of a police station.
SECTION 57: TWENTY-FOUR HOUR DETENTION LIMIT FOR ARRESTED PERSONS
Section 57 sets a limit on the period for which a person arrested without a warrant can be detained. In the absence of a special order of a Magistrate under Section 167, this period should not exceed twenty-four hours.
SECTION 58: POLICE TO REPORT APPREHENSIONS
Section 58 mandates that officers in charge of police stations must report all cases of persons arrested without a warrant to the District Magistrate or the Sub-divisional Magistrate, as required, regardless of whether the arrested persons have been admitted to bail.
SECTION 59: DISCHARGE OF PERSON APPREHENDED
Section 59 states that no person who has been arrested by a police officer shall be discharged except on their own bond, on bail, or under the special order of a Magistrate.
SECTION 60: POWERS ,ON ESCAPE ,TO PURSUE AND RETAKE
Section 60 deals with situations where a person in lawful custody escapes or is rescued. It allows the person from whose custody they escaped to immediately pursue and re-arrest them in any place in India.
SECTION 60A: ARREST TO BE MADE STRICTLY ACCORDING TO THE CODE
The final section, Section 60A, emphasizes that no arrest should be made except in accordance with the provisions of the CrPC or any other law providing for arrest.
In summary, Sections 41-60A of the Criminal Procedure Code in India cover a wide range of provisions related to the arrest of individuals. These sections balance the powers of the police to make arrests without warrants with the rights and protections afforded to the arrested persons, ensuring a fair and just process in accordance with the law.
Reference:-
1-https://www.thehindu.com/news/cities/Delhi/delhi-police-restricts-powers-of-arrest/article30392210.ece/amp/ -THE HINDU
5-https://m.timesofindia.com/city/chennai/ensure-women-are-not-arrested-after-sunset-madras-hc-to-govt/amp_articleshow/99003018.cms -THE TIMES OF INDIA
6-https://timesofindia.indiatimes.com/blogs/lawtics/know-your-rights-part-1-rights-of-an-arrested-person/ -THE TIMES OF INDIA