February 6, 2024

The French word “arret,” which means “to stop or stay,” is where the word “arrest” originates. The act of apprehending someone by the law in order to deny them their freedom is referred to as an “arrest.”

The act of apprehending and placing someone under custody (legal protection or control) is known as an arrest. This usually happens when someone is accused of committing a crime or has been seen doing one. The Code of Criminal Procedure has several regulations addressing the arrest of a person by various individuals.

arrest under crpc: How it is Made?

  • Unless the subject is willing to surrender to a police officer, the arrest is performed by touching or securing the subject’s body. If the accused tries to resist being taken into custody, the police officer may use all available tactics to get them arrested.
  • However, it is limited to situations in which the defendant is accused of crimes carrying a death or life sentence. The CrPC Amendment Act of 2005 provides special provisions for women. The CrPC states in Section 46(4) that no woman may be arrested between dusk and dawn.
  • In situations where extraordinary circumstances arise, the female police officer must file a formal report and secure approval from the local magistrate whose jurisdiction the offense is committed, before making any arrests.

who can arrest under crpc?

  • In legal terms, an arrest under the CrPC refers to the taking of a person into custody by the state with the intention of keeping and detaining them in order to answer to a criminal charge and stop them from committing an offense.
  • Any anyone can be arrested by a police officer, magistrate, or private person, even you and me, but the arrest must be performed in accordance with the procedures outlined in the CrPC.

types of arrest under crpc

  • Arrest by Police Officer without Warrant: When someone violates section 41 crpc and commits a crime that carries a sentence of less than or equivalent to seven years in prison, a fine, or both, any police officer has the authority to make an arrest without a magistrate’s order or a warrant.
  • Arrest by Police Officer with Warrant: Without a warrant or an order from the magistrate, no one accused of a non-cognizable offense, or anyone against whom a complaint has been filed, credible information has been obtained, or a reasonable suspicion has been raised, may be taken into custody.
  • Arrest by Private Person: Section 43 of the CrPC permits a private individual to make an arrest in the following situations:
  • Commits a crime that is cognizable and not subject to bail in his presence.
  • Is an admitted transgressor.
  • Arrest by Magistrate: Section 44 of the CrPC permits an Executive or Judicial Magistrate to make an arrest of an individual:
  • Either personally or have the authority to direct someone else to apprehend the perpetrator inside his local jurisdiction.
  • He has the authority to arrest or order the arrest of any person within his local jurisdiction at any time, provided that he is qualified to issue a warrant for that person’s arrest under the circumstances.

Court Guidelines for Arrest

Aside from the constitutional and legislative protections that must be observed in situations involving arrest and imprisonment, the Supreme Court’s compulsory guidelines are provided by the seminal case of D.K. Basu v State of West Bengal. The following are the guidelines:

  • The person in custody is free to contact or meet with his attorney.
  • Within 48 hours after being arrested, he must appear before the magistrate.
  • The person who has been arrested may notify their family members of their arrest.
  • At least one witness must arrest the arresting officer and prepare the memo.
  • Every 48 hours, he is entitled to a medical examination.
  • The arrest has to be mentioned in the diary entry.
  • Establishing police control centers at state headquarters and each district would allow for the dissemination of information about an arrest to all local communities.
  • The arrest memo and all other supporting documentation need to be delivered to the magistrate.
  • The name and designation of the arresting officer must be clearly visible.
  • The arrested person’s friends or family must be informed of the time and location of confinement.
  • The individual who has been arrested needs to be aware of his rights to have someone call for him.

The Indian Constitution and the CrPC have certain rules that have been implemented to guarantee efficient functioning and to prevent misunderstandings when making an arrest. In order to protect individuals who have been arrested from being taken advantage of by the authorities making the arrests, a number of rights have been guaranteed to them. The legislation has given the arrested and the arrestee priority as a result.

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