Arrest how made ?

January 13, 2023

Under this section the mode or procedure in which the arrest is to be made is given. In Roshan Beebi v Joint Secretary to Government of Tamil Nadu, 1984 Cr LJ 134 Mad, the Court explained the term “arrest” to mean the apprehension or restraint or the deprivation of one’s personal liberty to go where he pleases. The Court went further to explain the meaning of “legal arrest” to be the procedure connected with criminal offences, an arrest consists of taking into custody of another person 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. The words “custody” and “arrest” are not synonymous. It is true that in every arrest, there is custody but vice versa is not true. Mere utterance of words or gesture or flickering of eyes does not amount to arrest. Actual seizure or touch of a person’s body with a view to arresting is necessary. If the method of arrest is not performed as prescribed by section 46, the arrest would be nugatory.

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