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Arrest procedure and Right


The code has been not defined the term "arrest". State of Haryana v/s Dinesh Kumar 2008- the apex court observed that the expression arrest has neither been defined in the Crpc nor in IPC or any other enactment dealing with criminal offences the only indication as to what would constitute arrest may perhaps be found in section 46 of the code which describes the mode in which arrest are to be made the world arrest when used in its ordinary sense means the apprehensive or restraint or the deprivation of one's personal liberty

the arrest "Into Custody of Another Persons Under Authority Empowered by law for the purpose of holding or Detaining Him To Answer A Criminal Charge And Preventing The Commission Of A Criminal Offence.

2. Two type of arrest

1. arrest made in pursuance of a warrant issued by a magistrate
2. arrest made without such a warrant but in accordance with some legal provision permitting such an arrest

3. Arrest by police, magistrate s private person

Sub-section 1 Section 41 Crpc 1973 Says:
any police officer- may without an order from a magistrate and without a warrant arrest any person.

Joginder Kumar vs State of UP 1994- justifiable reason to arrest.

further In State vs Bhera 1994- it was held that the Reasonable Suspicion or Creditable Information must relate to definite averments which must be considered by the police officer himself before he arrest the person

Section 42 allow a police officer to arrest a person for a non cognizable offence if he refues to give his name and residence
Section 43 private person
Section 44 arrest by magistrate as per section 44(1)
Section 46 How arrest is done with or without warrant (arrest is done)

Birendra Kumar Rai vs Union of India 1992
It was held that arrest need not be by handcuffing the person, and it can also be complete by spoken words if the person submit to custody.

Section 46 sub-section [4] special protection as a females, that forbids of women after sunset and before sunrise, excepts in exceptional circumstances in which case the arrest can be done by a woman police officer after making a written report obtaining a prior permission from the concerned judicial magistrate of first class

4. Right of an arrest person

1. fair trail
2. right to know the ground of arrest - section 50[1]
3. right to informed of the provision for bail - section 50[2]
4. right to be taken to magistrate without delay-art 22[2] to produce before magistrate within 24 hrs.
5. right to consult legal practitioner art 22[1] fundamental right
6. right to free legal aid CRPC 303
7. right to be informed about the right to inform of his arrest to his relative or friend
8. right to be examined by a medical practitioner

Case: D.K Basu v. State of West Bengal 1997 landmark case guideline of supreme court in arrest cases
while arresting the police officer making arrest should have name and designation on his batch and also mention the same

5. Memo of Arrest

1.It will be prepared by the police mentioning the name of the person to be arrested
2. name of the person arresting
3. charge
4. place where such arrest is made
5. counter signed by 3 witnesses
6. within 12 hrs of arrest police to inform of such arrest made and also where person is put up custody of police.

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