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.
If you want to be a judicial officer in Rajasthan and are looking for RJS coaching, here, at Jyoti Judiciary we provide comprehensive study material to make your preparation solidified and topnotch. From preliminary mock tests, to mains answer writing sessions every material required for clearing the exam is provided. We have seprate legal current affairs classes, legal general knowledge, current affairs classes all in one time enrolment. Hurry up The word “arrest used under this section is the formal expression whereas when it is used in the section 27 of the Indian Evidence Act, it would mean a person in custody for the purpose of disclosure of statements.
