Arrest How made, Search of Place, Person arrested to be informed of ground of arrest and right to get bail - Section 46, 47, 48, 49, 50, 51 of Code of Criminal Procedure 1973

Arrest is not a good experience and basic knowledge of procedure to be followed by a police officer at the time of arrest is necessary to avoid any humiliation and denial of rights. The guidelines in the code of Criminal Procedure 1973 for arrest are:

 

 

Arrest how made- Section 46 of Code of Criminal Procedure 1973

Section 46 (1) Code of Criminal Procedure (CRPC)
In making an arrest the police officer or other person making the same shall actually touch or confine the body of the person to be arrested, unless there be a submission to the custody by word or action.

 

Section 46 (2) Code of Criminal Procedure (CRPC)
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.

 

Section 46 (3) Code of Criminal Procedure (CRPC)
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"

 

Search of place entered by person sought to be arrested- Section 47 of Code of Criminal Procedure 1973

 

A person acting under a warrant of arrest has reason to believe that the person to be arrested may be entered into the place he believes and such police officer should be allowed free ingress and afford all reasonable facilities for a search. It is illegal to block entry of the police officer to prevent arrest. Provisions related to such circumstances in Code of Criminal Procedure 1973 are:

 

 

Section 47(1) Code of Criminal Procedure (CRPC)
If any person acting under a warrant of arrest, or any police officer having authority to arrest, has reason to believe that the person to be arrested has entered into, or is within, any place, any person residing in, or being in charge of, such place shall, on demand of such person acting as aforesaid or such police officer, allow him free ingress thereto, and afford all reasonable facilities for a search therein.

 

Section 47(2) Code of Criminal Procedure (CRPC)
If ingress to such place cannot be obtained under sub-section (1), it shall be lawful in any case for a person acting under a warrant and in any case in which a warrant may issue, but cannot be obtained without affording the person to be arrested an opportunity of escape, for a police officer to enter such place and search therein, and in order to effect an entrance into such place, to break open any outer or inner door or window of any house or place, whether that of the person to be arrested or of any other person, if after notification of his authority and purpose, and demand of admittance duly made, he cannot otherwise obtain admittance;

 

Provided that, if any such place is an apartment in the actual occupancy of a female (not being the person to be arrested) who, according to custom, does not appear in public, such person or police officer shall, before entering such apartment, give notice to such female that she is at liberty to withdraw and shall afford her every reasonable facility for withdrawing, and may then break open the apartment and enter it.

 

Section 47(3) Code of Criminal Procedure (CRPC)
Any police officer or other person authorised to make an arrest may break open any outer or inner door or window of any house or place in order to liberate himself or any other person who, having lawfully entered for the purpose of making an arrest, is detained therein.

 

Pursuit of offenders into other jurisdictions- Section 48 of Code of Criminal Procedure 1973

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.

 

 

No unnecessary restraint- Section 49 of Code of Criminal Procedure 1973

The Person arrested shall not be subjected to more restraint than is necessary to prevent his escape

Person arrested to be informed of grounds of arrest and of right to bail- Section 50 of Code of Criminal Procedure 1973

It is the duty of the police officer to inform the arrested person about the grounds of arrest made and the right of arrested person to get bail. Provisions in Code of Criminal Procedure Code 1973 are:

 

Section 50 (1) Code of Criminal Procedure (CRPC)
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.

 

 

Section 50 (2) Code of Criminal Procedure (CRPC)
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- Section 51 of Code of Criminal Procedure 1973

If a police officer searched an arrested person and seized any article, a receipt showing the articles taken in possession by the police officer shall be given to such person. Whenever a female is to be searched, the search shall be made by another female with strict regard and decency. Provisions in Code of Criminal Procedure 1973 are:

 

Section 51(1) Code of Criminal Procedure (CRPC)
Whenever a person is arrested by a police officer under a warrant which does not provide for the taking of bail, or under a warrant which provides for the taking of bail but the person arrested cannot furnish bail, and whenever a person is arrested without warrant, or by a private person under a warrant, and cannot legally be admitted to bail, or is unable to furnish bail, the officer making the arrest or, when the arrest is made by a private person, the police officer to whom he makes over the person arrested, 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.

 

Section 51(2) Code of Criminal Procedure (CRPC)
Whenever it is necessary to cause a female to be searched, the search shall be made by another female with strict regard to decency."

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