Police has a lot of power to arrest any criminal, but can a common man also arrest a criminal?
All about Procedure of Arrest under Code of Criminal Procedure.
How is an arrest made under CrPC?
Code of Criminal Procedure, 1973 lays down the procedural aspects of procedure of arrest. Under this, the complete process been mentioned related to arrest a person who committed any offence. The essential object of criminal law to protect the society from criminal and from law-breakers. Therefore, criminal law consists both substantive and procedural law. Chapter V of Code of Criminal Procedure, 1973 deals with the arrest of persons under (Sections 41 to Section 60). Three People can issue the process of arrest, they are as follows:
A police officer with or without warrant, or
A private person, or
A magistrate
Sections 41 to Section 60
Section 41 in The Code Of Criminal Procedure, 1973
When police may arrest without warrant.
"In simple words- It is very important to arrest any criminal,and to have a arrest warrant to arrest any criminal but in some circumstances without FIR and warrant police can arrest a criminal, such as in an emergency, during a bomb blast, terrorist attack or other such times, the police never wait for their senior officer's order and immediately take action and arrest the culprit".
(1) Any police officer may without an order from a Magistrate and without a warrant, arrest any person-
(a) who has been concerned in any cognizable offence, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been so concerned; or
(b) who has in his possession without lawful excuse, the burden of proving which excuse shall lie on such person, any implement of house- breaking; or
(c) who has been proclaimed as an offender either under this Code or by order of the State Government; or
(d) in whose possession anything is found which may reasonably be suspected to be stolen property and who may reasonably be suspected of having committed an offence with reference to such thing; or
(e) who obstructs a police officer while in the execution of his duty, or who has escaped, or attempts to escape, from lawful custody; or
(g) who has been concerned in, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been concerned in, any act committed at any place out of India which, if committed in India, would have been punishable as an offence, and for which he is, under any law relating to extradition, or otherwise, liable to be apprehended or detained in custody in India; or
(h) who, being a released convict, commits a breach of any rule made under sub- section (5) of section 356; or
(i) for whose arrest any requisition, whether written or oral, has been received from another police officer, provided that the requisition specifies the person to be arrested and the offence or other cause for which the arrest is to be made and it appears therefrom that the person might lawfully be arrested without a warrant by the officer who issued the requisition.
(2)
Any officer in charge of a police station may, in like manner, arrest
or cause to be arrested any person, belonging to one or more of the
categories of persons specified in section 109 or section 110.
Section 42 in The Code Of Criminal Procedure, 1973
Arrest on refusal to give name and residence.
"In simple word- police can arrest a criminal on the basis of doubt".
(1) When any person who, in the presence of a police officer, has committed or has been accused of committing a non- cognizable offence refuses, on demand of such officer, to give his name and residence or gives a name or residence which such officer has reason to believe to be false, he may be arrested by such officer in order that his name or residence may be ascertained.
(2) When the true name and residence of such person have been ascertained he shall be released on his executing a bond, with or without sureties, to appear before a Magistrate if so required: Provided that, if such person is not resident in India, the bond shall be secured by a surety or sureties resident in India.
(3) Should the true name and residence of such person not be ascertained within twenty- four hours from the time of arrest or should he fail to execute the bond, or, if so required, to furnish sufficient sureties. he shall forthwith be forwarded to the nearest Magistrate having jurisdiction.
Section 43 in The Code Of Criminal Procedure, 1973
Arrest by private person and procedure on such arrest.
"In simple words- CrPC section 43 gives right to a common person to arrest a criminal until police arrived on crime spot".
(1) Any private person may arrest or cause to be arrested any person who in his presence commits a non- bailable and cognizable offence, or any proclaimed offender, and, without unnecessary delay, shall make over or cause to be made over any person so arrested to a police officer, or, in the absence of a police officer, take such person or cause him to be taken in custody to the nearest police station.
(2) If there is reason to believe that such person comes under the provisions of section 41, a police officer shall re- arrest him.
(3) If there is reason to believe that he has committed a non- cognizable offence, and he refuses on the demand of a police officer to give his name and residence, or gives a name or residence which such officer has reason to believe to be false, he shall be dealt with under the provisions of section 42; but if there is no sufficient reason to believe that he has committed any offence, he shall be at once released.
Section 46 in The Code Of Criminal Procedure, 1973
Arrest how made.
(1) 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.
(2) 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.
(3) 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.
Section 50 in The Code Of Criminal Procedure, 1973
Person arrested to be informed of grounds of arrest and of right to bail.
"In simple word- bounded police should have arrest warrant against the criminal otherwise court gives bail to the criminal because of an proper duty of police and having no proof against the criminal".
(1) 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.
(2) 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.
Section 51 in The Code Of Criminal Procedure, 1973
Search of arrested person.
(1) 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.
(2) Whenever it is necessary to cause a female to be searched, the search shall be made by another female with strict regard to decency.
Section 53 in The Code Of Criminal Procedure, 1973
Examination of accused by medical practitioner at the request of police officer.
(1) When a person is arrested on a charge of committing an offence of such a nature and alleged to have been committed under such circumstances that there are reasonable grounds for believing that an examination of his person will afford evidence as to the commission of an offence, it shall be lawful for a registered medical practitioner, acting at the request of a police officer not below the rank of sub- inspector,
and for any person acting in good faith in his aid and under his direction, to make such an examination of the person arrested as is reasonably necessary in order to ascertain the facts which may afford such evidence, and to use such force as is reasonably for that purpose.
(2) Whenever the person of a female is to be examined under this section, the examination shall be made only by, or under the supervision of, a female registered medical practitioner. Explanation.- In this section and in section 54," registered medical practitioner" means a medical practitioner who possesses any recognized medical qualification as defined in clause (h) of section 2 of the Indian Medical Council Act, 1956 (102 of 1956 ) and whose name has been entered in a State Medical Register.
Section 56 in The Code Of Criminal Procedure, 1973
"In simple words- Person arrested to be taken before Magistrate of officer in charge of police station. A police officer making an arrest without warrant shall, without unnecessary delay and subject to the provisions here in contained as to bail take or send the person arrested before a Magistrate having jurisdiction in the case, or before the officer in charge of a police station".
Section 60 in The Code Of Criminal Procedure, 1973
Power, on escape, to pursue and retake.
"In simple words- police have a power to catch a criminal in other cities in the circumstances of escapism of criminal".
(1) If a person in lawful custody escapes or is rescued, the person from whose custody he escaped or was rescued may immediately pursue and arrest him in any place in India.
(2) The provisions of section 47 shall apply to arrests under sub- section (1) although the person making any such arrest is not acting under a warrant and is not a police officer having authority to arrest.
*These are some of the sections of the CrPC that a common man should know.If you liked my blog then follow my Blog page and Share with your friends*.
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