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Arrest u/s (41-60) of Cr.P.C || notes || #arrest #crpc #essentials #arrested #caselaw #lawyer #clat
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The word arrest is derived from the French word 'arret' meaning 'to stop or stay'.[1] The term 'arrest' means the apprehension of a person by the legal authority so as to cause deprivation of liberty.
An arrest is an act of apprehending and bringing a person into custody (legal protection or control), typically because the individual is suspected of or has been observed committing a crime.
Various provisions regarding the arrest of an individual by various individuals have been provided under the Code of Criminal Procedures by the Law, these provisions are discussed in the following sections.
Provision Related to Arrest under CrPC
Chapter V of the Code of Criminal Procedure, 1973 deals with the arrest of persons under Sections 41 to Section 60.[2] The essential object of criminal law is to protect society from criminals and from law-breakers.
The arrest is usually made in criminal cases and in civil matters, it is looked upon as the last option. Based upon the employment of warrant issued by a magistrate, Arrest is of two types: an arrest made in view of a warrant issued by a magistrate and an arrest made without such a warrant but in accordance with some legal provision permitting such an arrest as under sec 41, 42 and 151 of CrPC.
The basic procedure to make an arrest has been mentioned under section 46 of the Code of Criminal Procedure, 1973. Sub-section 1 of this section provides that the arresting authority has to actually touch or confine the body of the person to be arrested, and also there can be submitted to custody by words or actions.
For instance, if a person, himself walks to the police station and surrenders, he will be considered under an arrest. Further sub-section 2 says that if a person forcibly resists the arresting authority and attempts to evade the arrest, the arresting authority has the power to use all such means to prevent such an escape.
Regulating sub-section 2, sub-section 3 provides that the provisions of the preceding sub-sections give the arresting authority right to cause the death of a person who is not accused of an offense punishable with death or life imprisonment.[3]
Not only policemen but various other authorities have the powers to arrest an individual according to various provisions of CrPC, including:
A police officer with or without a warrant, or
A private person, or
A magistrate
Arrest by a Police officer
The police officers have been authorized to arrest any person without the warrant ordered by the court under Sections 41, 42, 151 of CrPC.
Section 41 of CrPC provides for those instances where a police officer has been authorized to arrest an individual without a warrant from the magistrate. This happens.
When the individual
Involved in any cognizable offense such as murder, rape, kidnapping, theft, etc. or
In possession, without, lawful excuse, of any housebreaking weapon or
Proclaimed as an offender either under CrPC or by order of the State Govt. or
In possession of any stolen property or
Obstructing a police officer while in the execution of his duty or who has escaped, or attempts to escape, from lawful custody
Reasonably suspected of being a deserter from any of the Armed forces of the Union
Concerned with any law relating to extradition
Involved in breach of any rule made under sub-section (5) of Section 356 CrPC
The one whose arrest's requisition has been received from another police officer specifying the person to be arrested and the offense and other cause for which the arrest is to be made.[4]
Section 42 specifies yet another situation where a police officer can arrest a person. According to this section, if a person commits an offense in the presence of a police officer or where he has been accused of committing a non-cognizable offense and refuses, on demand being made by a police officer to give his name and residence or gives false name or residence, such person may be arrested but such arrest shall be only for the limited purpose of ascertaining his name and residence
#arrest #crpc #rightof arrestedperson
#caselaw #law #live #constitution #legaleagle #llm #llb #viral #clat #dullbentrance #trending
An arrest is an act of apprehending and bringing a person into custody (legal protection or control), typically because the individual is suspected of or has been observed committing a crime.
Various provisions regarding the arrest of an individual by various individuals have been provided under the Code of Criminal Procedures by the Law, these provisions are discussed in the following sections.
Provision Related to Arrest under CrPC
Chapter V of the Code of Criminal Procedure, 1973 deals with the arrest of persons under Sections 41 to Section 60.[2] The essential object of criminal law is to protect society from criminals and from law-breakers.
The arrest is usually made in criminal cases and in civil matters, it is looked upon as the last option. Based upon the employment of warrant issued by a magistrate, Arrest is of two types: an arrest made in view of a warrant issued by a magistrate and an arrest made without such a warrant but in accordance with some legal provision permitting such an arrest as under sec 41, 42 and 151 of CrPC.
The basic procedure to make an arrest has been mentioned under section 46 of the Code of Criminal Procedure, 1973. Sub-section 1 of this section provides that the arresting authority has to actually touch or confine the body of the person to be arrested, and also there can be submitted to custody by words or actions.
For instance, if a person, himself walks to the police station and surrenders, he will be considered under an arrest. Further sub-section 2 says that if a person forcibly resists the arresting authority and attempts to evade the arrest, the arresting authority has the power to use all such means to prevent such an escape.
Regulating sub-section 2, sub-section 3 provides that the provisions of the preceding sub-sections give the arresting authority right to cause the death of a person who is not accused of an offense punishable with death or life imprisonment.[3]
Not only policemen but various other authorities have the powers to arrest an individual according to various provisions of CrPC, including:
A police officer with or without a warrant, or
A private person, or
A magistrate
Arrest by a Police officer
The police officers have been authorized to arrest any person without the warrant ordered by the court under Sections 41, 42, 151 of CrPC.
Section 41 of CrPC provides for those instances where a police officer has been authorized to arrest an individual without a warrant from the magistrate. This happens.
When the individual
Involved in any cognizable offense such as murder, rape, kidnapping, theft, etc. or
In possession, without, lawful excuse, of any housebreaking weapon or
Proclaimed as an offender either under CrPC or by order of the State Govt. or
In possession of any stolen property or
Obstructing a police officer while in the execution of his duty or who has escaped, or attempts to escape, from lawful custody
Reasonably suspected of being a deserter from any of the Armed forces of the Union
Concerned with any law relating to extradition
Involved in breach of any rule made under sub-section (5) of Section 356 CrPC
The one whose arrest's requisition has been received from another police officer specifying the person to be arrested and the offense and other cause for which the arrest is to be made.[4]
Section 42 specifies yet another situation where a police officer can arrest a person. According to this section, if a person commits an offense in the presence of a police officer or where he has been accused of committing a non-cognizable offense and refuses, on demand being made by a police officer to give his name and residence or gives false name or residence, such person may be arrested but such arrest shall be only for the limited purpose of ascertaining his name and residence
#arrest #crpc #rightof arrestedperson
#caselaw #law #live #constitution #legaleagle #llm #llb #viral #clat #dullbentrance #trending
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