Arrest | Criminal Law - CLAT PG PDF Download

Introduction to Arrest

Types of Arrest

•  Arrest with a Warrant:  When a magistrate issues a warrant for arrest.
•  Arrest without a Warrant:  Carried out under legal provisions without a warrant.

 Private Arrest  is another type where an individual arrests another person, but only in cases of non-bailable offenses witnessed by the arresting individual or when preventing a crime against a person or their property.

• Arrest by Warrant : Arrest by Warrant  refers to the procedure where law enforcement officials apprehend an individual based on a legal order issued by a magistrate or a judge. This method ensures that the arrest is conducted within the boundaries of the law, providing a safeguard for the rights of the individual being arrested.
• Arrest Without Warrant : Arrest Without Warrant  is a legal provision that allows police officers to apprehend individuals suspected of involvement in a cognizable offense without the need for a magistrate's order or a warrant. This power is granted under specific circumstances outlined in the law to ensure prompt action in preventing crime and securing individuals believed to be involved in criminal activities.
• Arrest on Refusal to Give Name and Residence : Arrest on Refusal to Give Name and Residence  is a legal provision that allows law enforcement officers to apprehend individuals who refuse to provide their name and address when requested, particularly in cases of non-cognizable offenses. This measure is intended to ensure that individuals do not evade identification and accountability for their actions.

Procedure of Arrest by a Private Person 

• The procedure for arrest by a private individual is explicitly outlined in Section 43 of the Criminal Procedural Code. 
• This section empowers private citizens to detain individuals committing non-bailable offenses or proclaimed offenders and mandates prompt reporting to a police officer or, in the absence of an officer, taking the accused to the nearest police station.

Arrest by Magistrate : Arrest by Magistrate  refers to the authority of a magistrate, whether executive or judicial, to apprehend individuals committing offenses in their presence within their jurisdiction. This power, outlined in Section 44(1) of the Criminal Procedural Code (CrPC), allows magistrates to take immediate action against offenders and ensure their custody, subject to bail conditions.

Procedure of Arrest

• Additional Powers for Effecting Arrest: Search of Place : Section 47 of the Criminal Procedure Code (CrPC) grants authorities the power to search places entered by individuals sought for arrest. It outlines the responsibility of the person holding the warrant to enter the premises of the person being arrested. If entry is denied, they have the authority to break open the door, with considerations for female occupants.
• Pursuit of Offenders : Pursuit of offenders, as authorized under Section 48 of the Criminal Procedure Code (CrPC), empowers police officers to track down offenders anywhere in India without a warrant. This provision ensures that law enforcement can effectively apprehend individuals involved in criminal activities across the country.

Power, on Escape, to Pursue and Retake 

• Power, on Escape, to Pursue and Retake  , as per Section 60 of the Criminal Procedure Code (CrPC), allows police officers to pursue and arrest individuals in lawful custody who attempt to escape or are rescued. This authority enables law enforcement to maintain control over individuals in custody and ensure their continued detention.
• Post-Arrest Procedures  involve informing the arrested individual about the grounds for their arrest, especially when made without a warrant, and ensuring proper identification and documentation by the arresting officer. The arrested person has the right to consult a lawyer during interrogation, and specific procedures must be followed to ensure the legality and transparency of the arrest process.

Medical Examination of Accused

• The  Medical Examination of Accused  provisions in the Criminal Procedure Code (CrPC) outline the legal framework for conducting medical examinations of individuals accused of certain offenses. 
• These provisions ensure that medical examinations are carried out lawfully, with respect for the rights of the accused, and are relevant to the investigation of the alleged crime.