What is Arrest - 


         The term Arrest is not defined in the Code of Criminal Procedure (Cr.P.C) or in the various substantive Acts. In the ordinary sense, an arrest is a restraint of the liberty of the person.  The word arrest is derived from the French word after which means to stop or stay. (Read... When Police May Arrest Without Warrant)


Procedure to be followed by a police officer after arrest - 


1) No unnecessary restraint (Section 49) -


       According to Section 49 of the code of criminal procedure, the Person arrested shall not be subjected to more restraint than is necessary to prevent his escape.

2) Person arrested to be informed of grounds of arrest and of right to bail (Section 50) -


    Section 50 of the code of criminal procedure provides -

   (a) Every police officer or other person arresting any person without warrant shall forthwith communicate to him full particulars of the offense for which he is arrested or other grounds for such arrest.

   (b) Where a police officer arrests without warrant any person other than a person accused of a non-bailable offence, he shall inform the person arrested that he is entitled to be released on bail and that he may arrange for sureties on his behalf.

3) Obligation of persons making arrest to inform about the arrest, etc. to a nominated person (Section 50A) - 


   Section 50A of the code of criminal procedure provides :

    (1) Every police officer or other person making any arrest under this Code shall forthwith give the information regarding such arrest and place where the arrested person is being held to any of his friends, relatives or such other persons as may be disclosed or nominated by the arrested person for the purpose of giving such information.

     (2) The police officer shall inform the arrested person of his rights under sub-section (1) as soon as he is brought to the police station.

     (3) An entry of the fact as to who has been informed of the arrest of such person shall be made in a book to be kept in the police station in such form as may be prescribed in this behalf by the State Government.

     (4) It shall be the duty of the Magistrate before whom such arrested person is produced, to satisfy himself that the requirements of sub-section (2) and sub-section (3) have been complied with in respect of such arrested person.


4) Search of arrested person (Section 51) - 


      Section 51 of the code of criminal procedure 1973 provides that whenever a person is arrested by a police officer under a warrant which does not provide for the taking of bail, or under a warrant which provides for the taking of bail but the person arrested cannot furnish bail, and whenever a person is arrested without warrant, or by a private person under a warrant, and cannot legally be admitted to bail, or is unable to furnish bail, the officer making the arrest or, when the arrest is made by a private person, the police officer to whom he makes over the person arrested, may search such person, and place in safe custody all articles, other, than necessary wearing-apparel, found upon him and where any article is seized from the arrested person, a receipt showing the articles taken in possession by the police officer shall be given to such person. Whenever it is necessary to cause a female to be searched, the search shall be made by another female with strict regard to decency.


5) Seizure of offensive weapons (Section 52)


      According to Section 52 of the code of criminal procedure 1973, the officer or other person making any arrest under this Code may take from the person arrested any offensive weapons which he has about his person, and shall deliver all weapons so taken to the Court or officer before which or whom the officer or person making the arrest is required by this Code to produce the person arrested.


6) Examination of accused by medical practitioner at the request of police officer (Section 53) - 


 Section 53 of the code of criminal procedure 1973, provides that -

          (1) When a person is arrested on a charge of committing an offence of such a nature and alleged to have been committed under such circumstances that there are reasonable grounds for believing that an examination of his person will afford evidence as to the commission of an offence, it shall be lawful for a registered medical practitioner, acting at the request of a police officer not below the rank of sub-inspector, and for any person acting in good faith in his aid and under his direction, to make such an examination of the person arrested as is reasonably necessary in order to ascertain the facts which may afford such evidence, and to use such force as is reasonably necessary for that purpose.

          (2) Whenever the person of a female is to be examined under this section, the examination shall be made only by, or under the supervision of, a female registered medical practitioner.

Explanation - 

            (a) "examination" shall include the examination of blood, blood stains, semen, swabs in case of sexual offences, sputum and sweat, hair samples and finger nail clippings by the use of modern and scientific techniques including DNA profiling and such other tests which the registered medical practitioner thinks necessary in a particular case;

            (b) "registered medical practitioner" means a medical practitioner who possesses any medical qualification as defined in clause (h) of section 2 of the Indian Medical Council Act, 1956 (102 of 1956) and whose name has been entered in a State Medical Register.



7) Examination of person accused of rape by medical practitioner (Section 53A) - 


Section 53 of the code of criminal procedure provides -

     (1) When a person is arrested on a charge of committing an offence of rape or an attempt to commit rape and there are reasonable grounds for believing that an examination of his person will afford evidence as to the commission of such offence, it shall be lawful for a registered medical practitioner employed in a hospital run by the Government or by a local authority and in the absence of such a practitioner within the radius of sixteen kilometres from the place where the offence has been committed, by any other registered medical practitioner, acting at the request of a police officer not below the rank of a sub-inspector, and for any person acting in good faith in his aid and under his direction, to make such an examination of the arrested person and to use such force as is reasonably necessary for that purpose.

      (2) The registered medical practitioner conducting such examination shall, without delay, examine such person and prepare a report of his examination giving the following particulars, namely:

             (i) the name and address of the accused and of the person by whom he was brought,

             (ii) the age of the accused,

             (iii) marks of injury, if any, on the person of the accused,

              (iv) the description of material taken from the person of the accused for DNA profiling, and

              (v) other material particulars in reasonable detail.

(3) The report shall state precisely the reasons for each conclusion arrived at.

(4) The exact time of commencement and completion of the examination shall also be noted in the report.

(5) The registered medical practitioner shall, without delay, forward the report to the investigating officer, who shall forward it to the Magistrate referred to in section 173 as part of the documents referred to in clause (a) of sub-section (5) of that section.

8) Identification of person arrested (Section 54A)- 


     According to Section 54 of the Code of Criminal Procedure 1973, where a person is arrested on a charge of committing an offence and his identification by any other person or persons is considered necessary for the purpose of investigation of such offence, the Court, having jurisdiction may, on the request of the officer in charge of a police station, direct the person so arrested to subject himself to identification by any person or persons in such manner as the Court may deem fit:

Provided that, if the person identifying the person arrested is mentally or physically disabled, such process of identification shall take place under the supervision of a Judicial Magistrate who shall take appropriate steps to ensure that such person identifies the person arrested using methods that person is comfortable with:

Provided further that if the person identifying the person arrested is mentally or physically disabled, the identification process shall be video graphed.


9) Discharge of person apprehended (Section 59)- 


            According to Section 59 of The Criminal Procedure Code 1973, no person who has been arrested by a police officer shall be discharged except on his own bond, or on bail, or under the special order of a Magistrate.


See also...


1. Difference between warrant and summons | Criminal Law

2. Components of the Criminal Justice System | Criminal Law

3. Who is Accomplice? Kinds of Accomplice, Is He Competent Witness ?

4. When Accused is Entitled to Compensation?

5. Rights of arrested Person

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