Subject The Code of Criminal Procedure

(CrPC)

Sub Topic Rights Of Arrested Person (Sec.41 to 60)

( Chapter – V)

Presented by
Vinayak A. Kumbhar
T Y LL.B
Roll No -127
 Fundamental rights as per Indian constitution

Article 20 Protection against the conviction of offences

(1) Ex– post –facto – law

(2) double jeopardy
(3) Rights against self – incrimination

Article 21 Protection of life and personal liberty

No person shall be deprived of his life or personal liberty

except acoording to procedure established by law

Article 22 Protection against arrest and detention

(1) Grounds of arrest and right to consult legal practitioner

(2) Arrested and detained person shall be produced before
nearest magistate within a period of 24 hours of such arrest
Landmark Case Law

State of Haryana

Vs

Dinesh Kumar

( 2008 ) SCC 222

 When police may arrest without warrant

41(1) Any police officer may without an order from a Magistrate and without a
warrant, arrest any person

(a) concerned cognizable offence / reasonable complaint

credible information / reasonable suspicion or

(b) possession without lawful excuse any implement of house –braking or

(c) proclaimed as an offender either this code or by order of state gov. or

(d) whose possession found may reasonably suspected stolen property or

(e) obstucts a police officer execution of his duty or escaped /of attempts to
escape from lawful custody. or
(f) reasnably suspected of deserter from any of the Armed Forces of the
Union or

(g) concerned cognizable offence / reasonable complaint

credible information / reasonable suspicion any place out of India
he his commited india punishable offence ,under any law realating to
extradition or otherwise liable to be detained in custody in India or

(h) breach of any rule made under sub-section (5) of section 356

(i) Any requisition whether written of oral has been received from
another police station.

41(2) Any person belonging to section 109 or section 110

Important Landmark case Laws

Directorate of Enforcement Vs Deepak Mahajan ( AIR 1994 SC 1775)

( Define Custody & Arrest )

Joginder Kumar Vs State Of UP ( CrLJ,1994)

( Justifiable reason to arrest)

State vs Bhera ( CrLJ,1997)

( reasonable suspicion and credible Information)

Bharosa Ramdayal vs Empereror ( AIR 1941)

(surrender)

Birendra Kumar Rai vs Union Of India ( CrLj,1992)

( Need not by handcuffing)

 Arrest on refusal to give name and residence

42 (1) in the presence of police officer commited or has been accused of

non cognizable offence refuses name and residence or reason to believe
false arrested for name and address ascertained.

(2) realeased on his executing bond, with or without sureties to appear

before magistrate .

NRI person surety or surties resindent in India

(3) true name and residence not to be ascertained within 24 hours

forwarded to nearest magistrate jurisdiction
 Arrest by private person and procedure on such arrest

43 (1) any private person may arrest or cause to be arreseted any person
who in his presence commits a non bailable and cognizable offence
or any proclaimed offender cause to made over any person to police
officer or in the absence of police officer cause him to be taken in
custody of the nearest police station.

(2) if reason to believe that such person comes under the provisions of
section 41 , a police officer shall Re-arrest him .

(3) If there is reason to believe that such person committed a non-

cognizable offence and he refuses on demand of a police officer
to give his name and residence or gives name or residence such
office has reson to belive to be false, he shall be dealt with under
the provisions of section 42, but there is no sufficient reson to belive
that he has commited any offence , he shall be released.
 Arrest by Magistrate

44 (1) When any offence committed in the presence of a Magistrate,within his

local jurisdiction ,he himself or order any person to arrest the offender
and may thereupon ,subject to the provisions herein contained as to bail.

(2) the magistrate has power to arrest a person who is suspected of

having committed an offence but has not been given any power to
commit him to custody.( in latter case committing to custody will have
to be done in accordance with section 57 and 167)
 Protection of members of the Armed Forces from
arrest.

45 (1) Notwithstanding anything contained in sections 41 to 44 ,no member of

the Armed Forces of the Union shall be arrested for anything done or
purported to be done by him in the discharge of his official duties
except after obtaining the consent of the Central Government.

(2) The state Government may,by notification ,direct that the provisions of
sub-section 1 shall apply to such class of the members of the force
charged with the maintenance of public order.
 Arrest how made

46 (1) In making an arrest the police officer or other person making the same
shall actually touch or confine the body of the person to be arrested,
unless there be a submission to the custody by word or action.

(2) if such person forcibly resists the endeavour to arrest him ,or attempts
to evade the arrest, such police officer or other person may use all
means necessary to effect the arrest.

(3) Nothing in this section gives a right to cause the death of a person
who is not accused of an offence punishable with death or with
imprisonment for life.
 Search of place entered by person sought to be arrested.
47 (1) If any person acting under a warrant of arrest,or any police officer having
authority to arrest ,allow him free ingress and afford all reasonable all
facilities for search therein.

(2) if ingress cannot be obtained under sub section (1) ,it shall be lawfull
in any case for a person acting under a warrant ,but cannot be obtained
without affording the person to be arrested an opportunity of escape,
for a police officer enter such place ,to break open any outer/inner
door or window.

provided that if any place is an appartment the occupancy of a female

(not being the person to be arrested)
such person or police officer before entering such place ,give notice
to such female that she is at liberty to withdraw and shall afford her every
reasonable facility for withdrawing,and may then break open the
apartment and enter it.

(3) police officer or other person liberate himself or any other person who,having
lawfuly entered for the purpose of making arrest.
 Persuit of offenders into other jurisdiction

48 A police officer may ,for the purpose of arresting without warrant any person
whom he is authorised to arrest , pursue such person into any place in India.

No unnecessary restraint

49 The person arrested shall not be subjected to more restraint than in necessary
to prevent his escape.

Person arrested to be informed of grounds of arrest

and right of bail.

50 (1) Every police officer or other person arresting any perrson without warrant
shall communicate to him grounds of arrest.
(2) where police officer arrest without warent any person other than person
accused of non-bailable offence,he shall inform the person arrested he is
entiteled to be released on bail.
 Search of arrested person

51 (1) whenever a person is arrested without warrant ,or by private person under
a warrant and cannot legally admitted to bail or is unable to furnish bail.
The police officer to whom he makes over the person arrested ,may search
such person

(2) Whenever it is necessary to cause a female to be searched , the search

shall be made by another female with strict regard to decency.

Power to seize offencive weapons.

52 The officer or other person making any arrest under this code may take from
the person arrested any offensive weapons,and shall deliver all wapons to
the court or officer.
 Examination of accused by medical practioner at the
request of police officer

53 (1) When a person is arrested on a charge of commiting an offence and

reasaonable grounds for bellieving 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 police officer
not below the rank of sub- inspector.
(2) whenever the person of a female is to be examined under this secton ,
the examination shall be made only by,or under the supervision of , a
female registered medical practitioner.

Examination of arrested person by medical practitioner at the request

of the arrested person.

54 when a person who nis arrested ,beore poduced a Magistrate or any

time during the period of his detention in custody that the examination of
his body will afford evidence which will disprove the commission by him
of any offence.the magistrate requested by arrested person direct
examination of body of such person by registered medical practitioner.
 Procedure when police officer deputes subordinates
to arrest without warrent.

55 (1) when any officer in charge of a police station or any police officer making
investigation requires any officer subordinate to him to arrest without warrant
( oterwise than in his presence) any person,he shall deliver to the officer make
the order in writing ,specifying the person to be arrested .

(2) nothing in sub – section 1 shall affect the power of a police officer to arrest
a person under section 41

Person arrested to be taken before Magistrate or officer

in charge of police station
56 A police officer making an arrest without warrant shall,without the
unnecessary delay and subject to the provisiins herein contained as
to Bail,take or send the person arrested before Magistrate having
jurisdiction in the case or before the officer in charge of police staion.
 Person arrested not to be detained more than twenty –
four hours

57 No police officer shall detain in custody a peson arrested exceed twenty- Four
hours exclusive of the time necessary for journy from the place of arrest to the
Magistrate’s court.

Police to report apprehensions

58 Officers in charge of police stations shall report to the District magistrate, or
if he so directs , to the sub-divisional Magistrate, the cases of all persons
arrested without warrant, within the limits of their respective stations , whether
such persons have been admitted to bail or oterwise.
 Discharge of person apprehended

59 No person who has been arrested by a police officer shall be discharged

except on his bail or under the special order of a magistrate.

Power ,on escape, to pursue and retake.

60 (1) if a person in lawful custody escapes or is rescued,may innediately

pursue and arreat him any place in India.

(2) The privisions of section 47 shall apply to arrest under sub-section (1)
although the person making any such arrest is not acting under a
warrant and is not a police officer hving authi
Thank You