Arrest

How arrest made ? (S.42- 60)  (memory - 9NP MAWoBP UrIApWe)

s.41 There are 9 categories when the officer or any authorized person touches or confines the body of the person to be arrested in any cognizable offence upon a reasonable complaint/suspicion, any implement of house breaking, a proclaimed offender, possession of stolen property, obstructs an officer in performing his duty, deserter of the armed forces, convict on probation, request of another police officer etc. (the persons are mentioned in s.109 and 110). 

s.42 If he has committed a non-cognizable offence then his name and residence should be ascertained and released on bond. If he gives false or refuses to give name and address within 24 hours then he can be arrested and forthwith be forwarded to Magistrate. In every arrest there is custody not vice versa. 

s.43 A private person can also arrest and hand over to a police officer or police station if in his view  a person commits non-bailable and cognizable offence. The right of arrest arises under the common law.

s.44 A Magistrate who is executive or judicial can arrest or direct arrest(issue warrant) if offence is committed in his presence and jurisdiction.

s.45 If the person is a member of the armed forces or member for maintenance of public order cannot be arrested except with consent of Central/State Government. 

s.46 The person making the arrest shall touch or confine unless there is submission to custody by word or action. If any person tries to evade then the officer can 'use all means' necessary. However, you cannot cause the death of the person except if accused of an offence is punishable by death or imprisonment for life. Women cannot be arrested after sunset and before sunrise and if necessary then a woman officer should make a report and seek permission of the Magistrate before arresting. 

s.47 The Police Officer can break open any outer or inner door or window in order to liberate himself. 

s.48 The Officer may pursue a person whom he is authorized to arrest in any place in India. 

s.49 The person arrested should not be subjected to unnecessary restraint. 

s.50 He should be informed of the grounds for his arrest and right to bail. 

s.51 If he cannot provide bail then he should be searched and all articles other than necessary apparel must be placed in safe custody and receipt given. In case of a woman another woman should search her. 

s.52 If any weapons found then they should be seized and delivered to Court whom he is to be produced. 

s.53 Medical Examination: A registered practitioner may examine acting on request of a police officer not below the rank of Sub Inspector. Women should be examined by lady practitioners or under her supervision. 

s.54 Arrested person can also request medical examination of his own and then Magistrate can direct a RMP to examine. 

s.55 A police officer can depute his subordinate officer to arrest without warrant when given in writing specifying the person and the offence . 

s.56 He must send that person without delay before a Magistrate or Officer-in Charge of a PS. 

s.57 He cannot detain more than 24 hours in the absence of an order by a Magistrate. 

s.58 Officers in charge of police stations are to report to Dist. Magistrate or to Sub Divisional Magistrate cases of persons arrested without warrant. 

s.59 No person can be discharged by a police-officer except on his own bond or on bail or under the special order of a Magistrate. 

s.60 If a person escapes from custody of another then he can pursue, enter into any place for search and break open any outer or inner door for ingress or egress.