CHAPTER V- ARREST:
TYPES OF ARREST
1. Arrest by Police officer
2. Arrest by private person
3. Arrest by Magistrate
ARREST BY POLICE OFFICER:
Section-35: Arrest without warrant (cognizable
offence):
WHO CAN BE ARRESTED?
1. Who commits in the presence of PO a
cognizable offence.
2. Committed cognizable offence punishable with
imprisonment of 7yrs or less.
Reason of such arrest-
i. PO is satisfied that arrest is necessary.
ii. For proper investigation.
iii. To prevent tampering or disappearing of evidence.
iv. To prevent making any threat, inducement or promise
from any person acquainted with the facts and prevent
his/her presence before the court of law or police
officer.
v. To prevent his absconding and make sure his presence
before court.
[Link] cognizable offence punishable with
imprisonment of more than 7yrs.
4. A proclaimed offender.
5. A possessor of stolen goods.
6. Who obstructs police officer in execution of his duty.
7. A deserter of Armed force of the Union.
8. There is a reasonable chance that he might abscond
outside India.
9. A released convict who commits breach of any rule.
10. For whose arrest any requisition has been made to one
PO by another PO.
Requirements-
i. Reason of arrest must be recorded
ii. If prima facie case is not found the arrestee shall be
released after recording reasons in writing.
iii. If a person is infirm or above sixty years and
punished with imprisonment of less than 3yrs than
prior approval of Deputy Superintendant of police
shall be taken.
Sec-36- Procedures and duty of Police officer:
1. The PO shall bear a accurate, clear and visible identification
of arrest.
2. Prepare memorandum of arrest.
3. Countersign of the memo by the arrestee.
4. Attestation of memorandum prepared either by a family
member or respectable member of the locality.
5. If the memo of arrest is not attested by a family member,
then the arrestee must be informed about his right to have
a relative or any other person named by him to be
informed of his arrest.
SECTION-37- Designated Police officer
1. Establishment of Police Control Rooms- The State Government shall
establish a police control room in every district, and at the state level.
2. In every police station, a police officer not below the rank of Assistant Sub-
Inspector shall be designated who shall be in charge of maintaining and
updating arrest information.
3. This designated officer will be responsible for:
•Collecting the names and addresses of the persons arrested,
•Collecting the nature of the offences charged,
•Updating this information in the records.
•The arrest-related information shall be displayed prominently in every
police station and at the district headquarters,
•made available in digital mode as well.
Purpose: To centralise arrest-related information and ensure accountability.
Section-38- Right of arrested person
to meet an advocate of his choice
during the time of arrest and
interrogation.
SECTION-47: RIGHT TO BE INFORMED ABOUT GROUNDS OF
ARREST & BAIL
1. EVERY PERSON ARRESTED WITHOUT WARRANT SHALL BE
INFORMED ABOUT THE GROUND AND FULL PARTICULARS OF
HIS ARREST BY THE POLICE OFFICER
2. HE SHALL ALSO BE INFORMED ABOUT HIS RIGHT TO BE
RELEASED ON BAIL SO THAT HE CAN ARRANGE SURETY IN
BAILABLE OFFENCES.
SECTION-48-: RIGHT TO BE INFORMED ABOUT
SUCH ARREST TO RELATIVE OR FRIENDS
It shall be the duty of the police officer to inform
about the arrest to a friend, relative or any other
person as nominated or disclosed by the arrestee.
An entry of the fact that who has been informed
shall be recorded in a book to be kept in the police
station.
And it shall be the duty of the magistrate to
satisfy himself that the aforementioned grounds
has been complied.
Section-39- Arrest on refusal to give name and residence-
It provides that any person who commits or has been
committed non-cognizable offence refuses to give his true
name residence or gives false name and residence, he may
be arrested by PO to obtain his true name.
On obtaining his true name and residence he shall be
released by executing a bond with or without surety to
appear before a magistrate.
If he is not an Indian resident then bail bond must be
executed with surety.
If his true name and residence can't be obtained within 24
hrs from the time of arrest or if he fails to execute a bond
than he shall be forwarded to the nearest magistrate having
jurisdiction.
Section-40- ARREST BY PRIVATE PERSON:
Any private person may arrest any person-
i. who commits a non- bailable and cognizable offence, or
ii. any proclaimed offender.
After such arrest without delay he shall make over the
arrestee within 6 hours from such arrest to a police
officer or in the absence of a police officer take him in
the custody of the nearest police officer.
But if no sufficient evidence or prima facie case is
found than he shall be released at once.
SECTION-41- ARREST BY MAGISTRATE: