Sec.41: When the police officer may arrest:
Arrest: Physical control upon any person by Police Officer, Magistrate or any other private person as per the procedure prescribed in law. Any police officer may without an order from a Magistrate and without a warrant, arrest any person:
- Who commence cognizable offence in the presence of a police officer.
- Against whom reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence punishable with imprisonment for a term which may be less than 7 years or which may extend to 7 years, if the following conditions are satisfied, namely:
- The police officer has a reason to believe that such person has committed the social offence.
- The police officer is satisfied that such arrest is necessary.
- To prevent such person from committing any further offence.
- For a proper investigation of the offence.
- To prevent such person from causing the evidence to disappear or tampering with such evidence.
- To prevent such person from making any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuades him from disclosing such facts to the court or to the police officer; or
e. To ensure his presence in the court whenever required and the police officer shall record his reason in writing while making an arrest.
- Provided that police officer shall, in all cases where the arrest of a person is not required under the provisions of this sub-sections record the reasons in writing for not making the arrest.
(If a police officer thinks that arrests are not required then he will record the reasons in writing for not making an arrest.)
- Against whom credible information has been received that he has committed a cognizable offence punishable with imprisonment for a team which may extend to more than 7 years whether with or without fine or with a death sentence and the police officer has reason to believe that such person has committed the said offence.
- Who has been proclaimed as an offender either under this code or by order of State Government?
- In whose possession anything found which is suspected to be stolen property and who may reasonably be suspected of having committed an offence with reference to such thing.
- Who obstructs a police officer in the execution of his duty or who has escaped or attempts to escape from lawful custody.
- Who is reasonably suspected of being a deserter from any of the armed forces of Union (Army, Navy, Air Force, BSF, a paramilitary force, etc.)
- Who committed an act outside India, which if committed in India, would have been punishable as an offence under any law relating to extradition or under any other law for the time being in force, liable to be apprehended or detained in custody in India.
- Who being a released convict commits a breach of any rule made under section 356(5). Before releasing, the bond is executed that if a person leaves the jurisdiction of the police station or his residence for moving outside then before leaving he will give information to the police or to any authority which the State government has prescribed by rates.
- For whose arrest any requisition, whether written or oral has been received from another police officer and his matter is covered in the above mention matters then the person can be arrested without a warrant.
- In non-cognizable offence, the police officer can arrest subject to provisions of Sec.42, under a warrant or order of Magistrate.
Sec.41 A to 41 D is inspected by Amend 2008:
Sec.41 A: Notice of appearance before police officer:
Where the arrest of a person is not required under section 41(1) then police officer shall issue a notice to appear before him or at such other place as may be specified in the notice. And it is the duty of a person to appear in furtherance of notice whenever required. But if he defaults in appearing then he can be arrested in consequence of it, subject to others orders as may have been passed by the competent court.
Case: Urnesh Kumar vs. State of Bihar 2014 S.C. r.n. 41 (1) (b). It is the duty of police officer not to arrest until any of the ground mentioned in sec.41 (b) is fulfilled. It is also said in the judgement that police officer should arrest under section 498 A1C only when there is the prima case.
Sec.41-B: Procedure of Arrest and duties of the officer making arrest:
Every police officer while making an arrest shall:
- Bear an accurate, visible and clear identification of his name which will facilitate easy identification.
- Prepare a memorandum of arrest which shall be:
- Attested by at least one witness who is a member of the family of the person arrested or a respectable member of the locality where the arrest is made.
- Countersigned by the person arrested.
- Inform the person arrested that he has a right to have a relative or friend named by him to be informed of his arrest when memorandum is not attested by a member of the family.
Sec.41-C: Control room at districts:
State Government shall establish a police control room:
- In every district and,
- At state level
- State Government shall cause to be displayed on the notice board kept outside the control room at every district, name and addresses of the person arrested and name and designation of the police officer who made the arrests.
- The control room at the police headquarters at the State Level shall collect details about the person arrested, a native of offence with which they are charged and maintain the database for the information of the general public.
Sec.41-D: Right of arrested person to meet an advocate of his choice during interrogation:
When an arrested person is interrogated by the police, he shall be entitled to meet an advocate of his choice during interrogation, though not throughout the interrogation. Case: D.K. Bose vs. State of W.B. 1997 S.C. All provisions i.e. 41A are the consequences of this case.
Sec.42: Arrest on refusal to give name and residence:
- When any person who has committed or has been accused of committing a non-cognizable offence in presence of a police officer and he refuses to give his name and residence or gives a name or residence which such officer has reason to believe to be false then he may be arrested by such officer in order that his name or residence maybe ascertained.
- When true name and residence is ascertained then he shall be released on executing a bond, to appear before Magistrate if so required. Provided when such person is not resident in India the bond shall be secured security or securities in India.
- When true name and resident of such person is not ascertained within 24 hours of quest or when he fails to execute the bond or if so required, to furnish sufficient sureties, he shall forthwith, be forwarded to the nearest Magistrate having jurisdiction.
Sec.43: Arrest by private person and procedure on such arrest:
- Any private person may arrest any person who commits a non-bailable and cognizable offence in his presence or may arrest any proclaimed offender without a warrant and after the arrest, it is the duty of the private person to inform the police about such arrest or in absence of police officer take such person to the nearest police station.
- If his matter is covered under section 41, then police officer shall re-arrest him.
- If there is a reason to believe that he has committed a non-cognizable offence, he shall be dealt with provisions of section 42, but if there is no sufficient reason to believe that he has committed any offence, he shall be at once released.
Sec.44: Arrest by Magistrate (Judicial and Executive)
- When any (cognizable or non-cognizable) offence is committed in the presence of a magistrate within his local jurisdiction, he may himself arrest or order any person to arrest the offender.
- Any magistrate may at any time arrest or direct the arrest in his presence, within his local jurisdiction of any person for whose arrest he is competent at the time and in the circumstances to issue a warrant.
Sec.45: Protection of members of the Armed forces arrest:
- No member of the Armed Forces of the union shall be arrested for anything is done or proposed to be done by him is the discharge of his official duties except after obtaining the consent of the Central Government.
- The State Government may by notification direct that provisions of subsection 1 shall apply to such class or category of the members of the force charged with the maintenance of public order wherever they may be serving and thereupon the provisions of that sub-section shall apply and Central Government is substituted with State Government (when members of an armed force who has been given charge for maintenance of public order when State Government has made the declaration that regarding this first permission of State Government must be taken, then in such case firstly permission will be taken from State Government.
Sec.46: Arrest how made:
- The police officer or other people shall actually touch or confine the body of the person to be arrested unless when the person himself surrenders. Provided, women will be arrested by a women police officer.
- If such person forcibly resists the endeavour to arrest him or attempts to evade the arrest, such police officer or another person may use all means necessary to effect the arrest.
- 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 life imprisonment.
- Other than exceptional circumstances, no women shall be arrested after sunset and before sunrise. And there are exceptional circumstances, the women police officer shall by making a written report obtain the prior permission of 1st class within whose local jurisdiction the offence is committed or the arrest is to be made.
Sec.47: Search of place entered by person sought to be arrested:
- If any person acting under warrant of arrest or any police officer having authority to arrest has reason to believe that the person to be arrested has entered or is within any place, then it is the duty of in charge of that place to allow to such person mentioned aforesaid freeing and to provide all reasonable facilities.
- He can also enter by breaking any outer or inner door or window of any house or place provided that reasonable facility. Time and notice will be provided to the women according to the customer do not appear in public, so that she can withdraw herself from that place.
- When a police officer or another person enters and get locked inside then he may break such door so as to come outside.
Sec.48: Pursuit of the offender into another jurisdiction:
The police officer may for the purpose of arresting with the warrant, pursue such person into any place in India (which means excluding Jammu and Kashmir). Here a person is still not arrested.
Sec.49: No unnecessary restraint:
Necessary restraint will be done to prevent the person from arrested from escape.
Sec.50: Person arrested to be informed of grounds of arrest and of right to bail:
- Every police officer or other person arresting without a warrant shall forthwith communicate to the person arrested full particular of the offence or other grounds for such arrest.
- If the offence is a bailable offence, then arrested person will be informed regarding bail by such police officer. These 2 are the duties of a police officer and the rights of the arrested person.
Sec.50A: Obligation of the person making the arrest to inform about the arrest etc., to a nominated person:
- The police officer shall forthwith give information regarding such arrest and place where the arrested person is being held to any of his friends, relatives or such other person as may be nominated by the arrested person for the aforesaid purpose.
- The police officer shall inform about the rights of the arrested person under subsection 1.
- The 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 by State Government.
- It is the duty of the Magistrate to see that compliance under subsection 2 and 3 are done or not when such person is produced before him.
Sec.51: Search of arrested person (Search of Body):
A police officer while carrying search of the body will seize all the articles other than necessary wearing apparels and a receipt showing the articles taken in possession by the police officer shall be given to such person and all seized things are kept in safe custody. Where the search of the female is to be carried, then it shall be carried by another female with strict regard to decency.
Sec.52: Power to seize offensive weapons:
The police officer will seize offensive weapons and shall deliver all weapons to Magistrate or can keep in safe custody subject to the order of Magistrate.
Sec.53: Examination of accused by medical practitioner at the request of a police officer:
- Police officer not below the rank of sub-inspector shall request the registered medical practitioner to carry examination of accused when he has reasonable grounds for believing that an examination of accused will afford evidence as to the commission of an offence. Reasonable force can be used which is necessary for that purpose.
- Examination of female of shall be made only by or under the supervision of a female registered medical practitioner.
- Report of the examination will be forwarded to I.O. and I.O. will be made such report as part of documents covered under section 173(5), and will forward the same to Magistrate.
- For the purpose of 53A and 54:
Examination- include the examination of:
- Swabs in case of sexual offences
- Sputum and sweats
- Hair samples
- Fingernail clippings
- DNA profiling
- Other tests.
Sec.53A: Examination of the person accused of rape by medical practitioners:
When a person is arrested on the charge of committing an offence of rape or an attempt to commit rapes and there are reasonable grounds for believing that an examination of him will afford evidence as to the commission of such offence then his examination can be done by registered medical practitioner employed in hospitals run by Government or by the local authority and in absence of such practitioners within the radius of 16 km from the place where the offences have been committed by any other registered medical practitioner at the request of the police officer, not below the rank of sub-inspector.
- Particulars of Medical report:
- Name and Address of accused and of the person by whom he was brought.
- The age of accused.
- Marks of injury on the body of accused.
- Material is taken from the accused body for DNA profiling.
- Other material particulars.
- The report shall state precisely the reasons for each conclusion arrived at.
- The exact time of commencement and completion of the examination shall also be noted in the report.
- The report shall be forwarded to I.O. by a medical practitioner and I.O. shall forward to Magistrate by making such report as part of documents referred in section 173(5).
Sec.54: Examination of arrested person by Medical officer (Mandatory Provision):
- When any person is arrested, he shall be examined by the medical officer in service of the Central Government or State Government and in case the medical officer is not available by a registered medical practitioner.
- The medical officer or registered medical practitioner shall prepare a record of such examination mentioning therein any injuries of violence upon the person arrested and the approximate time when such injuries or marks have been inflicted.
- Copy of the report shall be given to the arrested person or person nominated on his behalf by a medical officer or registered medical practitioner.
- Purpose of Section 54 is to give protection to the arrested person.
Sec.54A: Identification of person arrested:
Where identification of person arrested by any other person is necessary for purpose of investigation the court having jurisdiction may on the request of SHO, direct the person so arrested to subject himself to identification by any person or person in such manner as the court may deem fit.
Provided if person identifying the person arrested is mentally or physically disabled, such process of identification shall take place under the supervision of a Judicial Magistrate and such process shall be video graphed.
R.W.- Sec. 291A CRPC Criminal General Rule- 70
Sec.55: Procedure when police officer deputes subordinate to arrest without warrant:
SHO can authorize by order in writing any police officer subordinate to him to arrest without warrant any person who may lawfully be arrested without a warrant. Officer before making the arrest shall notify substance of the order and if so, required by the person arrested, shall show him the order.
Sec.55A: Health and Safety of arrested person:
It is the duty of the person having the custody of an accused to make a reasonable case of health and safety of the accused.
Sec.56: Person arrested to be taken before Magistrate or officer in charge of the police station:
The person arrested shall be sent before Magistrate or before SHO without unnecessary delay.
Sec.57: Person arrested not to be detained for more than 24 hours:
The person arrested must be presented within 24 hours exclusive of the time necessary for the journey, before competent Magistrate.
Sec.58: Police to report apprehensions:
SHO shall report to DM or if he so directs to the SDM, the cases of all person arrested without a warrant.
Sec.59: Discharge of person apprehended:
The Person shall be discharged:
- On his own bond, or
- On bail, or
- Under the special order of Magistrate.
Sec.60: Power on escape to pursue and retake:
If a person has escaped from lawful custody he may be pursued and can be arrested from any place in India.
Sec.60A: Arrest to be made strictly in accordance to the code:
Arrest shall be made in accordance with the provisions of this code or any other law for the time being in force providing for arrest.