Arrest of Persons (Section 41-60) under CrPC

 Arrest of Persons under Sections 41 to 60 of the Criminal Procedure Code (CrPC), 1973 governs the procedures, powers, and conditions under which individuals can be arrested by law enforcement authorities. These sections outline the rights of the arrested person and the responsibilities of the police.

Section 41: When Police May Arrest Without Warrant

This section empowers police officers to arrest a person without a warrant under specific circumstances:

  • Cognizable Offences: If a person commits a cognizable offence (a serious crime like murder, theft, etc.).
  • Possession of Stolen Property: If the person possesses stolen property and the police have reasonable suspicion.
  • Obstructing a Police Officer: If a person obstructs a police officer in the execution of their duty.
  • Declared Offender: If the person has been declared an offender under any law.
  • Apprehension to Commit Offence: If the police officer believes that the person is about to commit a cognizable offence.

The officer must ensure that the arrest is necessary for preventing the commission of further offences, proper investigation, or to prevent the accused from tampering with evidence.

Section 41A: Notice of Appearance Before Police Officer

This section provides that before arresting a person, if the offence is not punishable by more than seven years of imprisonment, the police must issue a notice to the person to appear before the police station. If the person complies, they need not be arrested unless necessary.

Section 41B: Procedure of Arrest and Duties of Police Officer

Police officers must follow certain guidelines during the arrest:

  • Identification: They must display clear identification and provide the name and rank of the officer arresting the person.
  • Memorandum of Arrest: A memo of arrest should be prepared, signed by at least one witness and countersigned by the arrested person.

Section 41C: Control Room at Districts

The police must establish a control room in every district to maintain a record of all arrests made, including the details of the arrested persons.

Section 41D: Right of Arrested Person to Meet an Advocate

Every arrested person has the right to meet an advocate of their choice during interrogation.

Section 42: Arrest on Refusal to Give Name and Residence

If a person, accused of a non-cognizable offence, refuses to provide their name and address or gives a false name or address, the police can arrest the individual to verify their identity. Once verified, the person must be released on a bond unless they are accused of committing an offence that would justify further detention.

Section 43: Arrest by Private Person

A private individual can arrest someone if they have committed a non-bailable and cognizable offence, or if they are a proclaimed offender. The arrested individual must be handed over to the nearest police station without unnecessary delay.

Section 44: Arrest by Magistrate

A magistrate can arrest a person without a warrant in their presence if the individual has committed an offence.

Section 45: Protection of Members of the Armed Forces

Members of the armed forces cannot be arrested for anything done in the discharge of their official duties unless the government gives prior sanction for the arrest.

Section 46: Arrest How Made

This section describes the physical process of arrest:

  • A police officer or person making the arrest must touch or confine the body of the individual being arrested unless the person submits to custody voluntarily.
  • Use of Force: If the individual resists arrest, the police may use all necessary means to effect the arrest.
  • Women: A woman cannot be arrested after sunset and before sunrise, except in exceptional circumstances with the prior permission of a magistrate.

Section 47: Search of Place Entered by Person Sought to be Arrested

If the police believe that the person to be arrested is hiding in any place, they may enter and search the place, after informing the occupants of their authority to search.

Section 48: Pursuit of Offenders into Other Jurisdictions

A police officer is empowered to pursue and arrest a person across any jurisdiction in India, if required, without a warrant.

Section 49: No Unnecessary Restraint

No more restraint than necessary should be used when making an arrest. The use of excessive force or restraint is prohibited.

Section 50: Person Arrested to be Informed of Grounds of Arrest and Right to Bail

A person arrested without a warrant must be informed of the reasons for the arrest and the right to bail, if applicable, as soon as possible.

Section 50A: Obligation of Person Making Arrest to Inform about the Arrest to a Friend or Relative

This section requires that every person arrested must be informed of their rights to have a relative or friend informed about their arrest.

Section 51: Search of Arrested Persons

When a person is arrested, the police have the right to search their body for any articles that may aid in the investigation.

Section 52: Power to Seize Offensive Weapons

If the person arrested is carrying weapons, the arresting officer may seize them and forward them to the court.

Section 53: Examination of Accused by Medical Practitioner at the Request of Police

In cases where an investigation requires, an arrested person may be examined by a medical practitioner to determine any physical evidence related to the crime, such as marks, injuries, etc.

Section 53A: Examination of Person Accused of Rape by Medical Practitioner

In cases of rape, the accused must undergo a medical examination by a registered medical practitioner within 24 hours of the arrest to collect evidence related to the crime.

Section 54: Examination of Arrested Person by Medical Officer

An arrested person is entitled to a medical examination by a medical officer. If they complain of ill-treatment, a medical examination must be conducted without delay.

Section 55: Procedure When Police Officer Deputes Subordinate to Arrest Without Warrant

When a police officer in charge of a station authorizes a subordinate to make an arrest, the subordinate must be provided with a written order explaining the reason for arrest.

Section 56: Person Arrested to be Taken Before Magistrate or Officer in Charge of Police Station

An arrested person must be brought before a magistrate or police officer without unnecessary delay.

Section 57: Person Arrested Not to be Detained More Than 24 Hours

No person can be detained in custody for more than 24 hours without being produced before a magistrate, except under special provisions such as in preventive detention cases.

Section 58: Police to Report Apprehensions

The police are required to report all arrests to the nearest magistrate, especially in the case of apprehending offenders.

Section 59: Discharge of Person Apprehended

If a person is arrested and no accusation is made against them, they must be released at once.

Section 60: Powers, on Escape, to Pursue and Re-take

If a person escapes custody, the police have the authority to pursue and re-arrest them.

Summary:

Sections 41 to 60 of the CrPC provide a comprehensive legal framework for the arrest of individuals by police officers and other authorities. It outlines the conditions, rights of the arrested person, the duties of the arresting officer, and the procedures to be followed to ensure that the arrest process is fair, lawful, and in accordance with constitutional rights.

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