Learning the Entire CrPC in Hindi - Chapter V - Part 1 Section 46, 47, 48, 49, 55,60

Arrest How Made
Section 46 discusses how arrest is to be made
While making an arrest the police officer shall actually touch or confined the body
of the person who is to be arrested
However if there is a submission to the custody by word or action then touch or
confinement is not necessary
the police officer making arrest has all the rights to use all means necessary to
affect the arrest in situation where the person being arrested forcibly resists or
tries to evade the arrest
No police officer making an arrest has the right to cause the death of the person.
Exception where an accused is accused of an offence punishable with death or with
imprisonment for life and is evading.
Section 46 make special provision for arrest of
women
When a woman is to be arrested the police office officer shall not touch the woman
for making her arrest.
Her submission to custody on an oral intimation of arrest shall be presumed.
If however the person of the women is to be touched for making her arrest search is
to be done by a police officer who is female.
Sub-section 4 of section 46 make special provision for arrest of women stating that
no woman shall be arrested after the sunset and before sunrise however if
exceptional circumstances exists prior permission of judicial magistrate of first
class is required before the arrest
Resistance or Obstruction to lawful arrest has been
made punishable by the IPC
Sections 224, 225, B
Search of Place - Section 47
Section 47 - search of place entered by persons are to be arrested
There might be situation where the person who is to be arrested has entered into or
is within any place. For example inside a building.
In such situation the person who is residing in such place or is in charge of such
place must allow free ingress to the police officer and afford all reasonable
facilities for a search.
In case where free ingress to search place cannot be obtained then police officer
in order to to get an entrance into such place may break open any outer or inner
door window of any house or place.
This route is to be taken only when a notification of his authority has been given
and he cannot otherwise obtain admission into such place.
This provision is only applicable in cases where a warrant has been issued or where
a warrant may be issued but cannot be obtained without delay and the person to be
arrested has a probability of escaping.
When a police officer who entered such place looking for the person who is to be
arrested and in such a process is detained search police officer has all the lawful
authority to break open any outer or in a door window of any house such place in
order to liberate himself
Pursuit of Offenders - Section 48
In case of arrest without warrant a police officer can go to any place in
India for arresting search person who he is authorised to arrest.
Section 48 - to pursue search person into any place in India.
Similarly in case where arrest is to be made under warrant
section 77 provides that a warrant of arrest may be executed at any place in
India.
Deputing Subordinate To Arrest - Section 55
Where a senior police officer in his presence requires that a subordinate
police officer proceeds and arrest a person who maybe lawfully arrested
without a warrant then search subordinate officer is under a legal duty under
Section 55 to arrest.
Section 55 requires that when a senior police officer wants to send and
depute a subordinate for arresting a person without warrant, written order is
to be given to the subordinate.
The order should mention the person who is to be arrested and the cause for
such arrest
S 49. No unnecessary restraint
49. No unnecessary restraint.—
The person arrested shall not be subjected to more restraint
than is necessary to prevent his escape.
60. Power, on escape, to pursue and retake
If a person in lawful custody escapes or is rescued, the person from whose
custody he escaped or was rescued may immediately pursue and arrest him in
any place in India.
The provisions of section 47 shall apply to arrests although the person
making any such arrest is not acting under a warrant and is not a police
officer having authority to arrest.