Jan 20, 2018
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Provisions relating to Arrest under Code of Criminal Procedure, 1973)

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Provisions relating to Arrest under Code of Criminal Procedure, 1973

Arrest on refusal to give name and residence ( Section 42)

When any person who has committed or has accused of committing a non-cognizable offence in presence of the office officer. If accused refuses to give his name and residence on demand of such officer. If also he gives a name or residence which such officer has reason to believe to be false. He may arrested by such officer in order that his name or residence may ascertained.

He shall released on signing a bond, with or without sureties. As soon as the true name and residence of such person have ascertained. Also appear before a Magistrate if so required. Provided that, if such person is a non-resident in India. Then the bond shall attached by a surety or sureties resident in India.

The true name and residence of such person not ascertained within twenty-four hours from the time of arrest. He fails to execute the bond, or, if so required, to furnish sufficient sureties. Then he shall present to the nearest Magistrate having jurisdiction.

Arrest by private person and procedure on such arrest (Section 43)

Any private person may arrest a person who commits a non-bailable and cognizable offence in his presence. Such private person, without unnecessary delay, shall make over any person so arrested to a police officer. In the absence of a police officer, take such person to the nearest police station. If it seems that such person comes under section 41 of the code. Then a police officer shall re-arrest him.

If it seems that he has committed a non-cognizable offence. On the demand of a police officer also refuse to give his name and residence. Even if he gives a name or residence which such officer has reason to believe to be false. He shall punished under the provisions of section 42. But if no sufficient reason to believe that he has committed any offence, he shall at once released.

Arrest by Magistrate (Section 44)

When any offence committed in the presence of a Magistrate, whether Executive or Judicial, within his local jurisdiction. He may himself or order any person to arrest the offender. He 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 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.

Arrest how made (section 46)

While arresting a person by the police officer or other person making the same shall actually touch or confine the body of the person so arrested. Unless order of submission to the custody by word or action. Provided that where a woman is to be arrested, unless the circumstances indicate to the contrary, her submission to custody on an oral intimation of arrest shall be presumed and, unless the circumstances otherwise require or unless the police officer is a female, the police officer shall not touch the person of the woman for making her arrest.

If such person forcibly resists the endeavour to arrest him, or attempts to evade, such police officer or other person may use all me ans necessary to effect. 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. Save in exceptional circumstances, no women shall be arrested after sunset and before sunrise, and where such exceptional circumstances exist, the woman police officer shall, by making a written report, obtain the prior permission of the Judicial Magistrate of the first class within whose local jurisdiction the offence is committed or the arrest is to be made.

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Criminal law

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