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    Thursday, 15 December 2016

    Procedure for Arrest

    1. Introduction
    The arrest is sufficient if there is a submission to the custody by word or act8ion, in which case, there is no need actual touch or confine of the body of such person. An arrest in police custody does not necessarily mean custody after formal arrest, but also includes some form of police surveillance and restrictions on the movements of the person concerned by police. Procedure for arrest of accused viz., (i) commission of offense, (ii) registration of FIR (iii) Start of investigation (iv) Collection of Evidence, and (v) arrest of the accused for the purpose of investigation.

    2. Relevant Provision
    Section 46 to 53 and 55 of Code of Criminal Procedure 1898

    3. Reason for arrest
    a. Matter of Public importance
    b. Administration of Justice

    4. Definition of Arrest
    Confining the body of a person required to be arrested by actual touching of the body by the police officer.

    5. Types of arrest

    Following are the types fo arrest;
    i. Parole Arrest
    ii. Arrest without Warrant
    iii. Arrest with warrant
    iv. Civil Arrest
    v. Re-arrest
    Arrest of Vagabonds, Habitual Robbers


    6. Arrest now made u/s 46

    The general principle of law is that in making an arrest no more force is to be used than is necessary. It is sufficient if the arresting officer touches the body of the person to be arrested and even this si unnecessary when the latter summits to the arresting officer’s custody by word or action.

    It is by no means necessary that the arresting officer should, in arresting the person, immediately proceed to put handcuffs on him with chord of chain, such articles are used as a means of restraint and their use can only be justified on the ground that they are means necessary to effect that arrest.

    7. Search for Arrest

    i. Search of place entered by person sought to be arrested u/s 47 Cr.P.C
    This section entitles the police to enter a house, disregarding the provisions of Section. 103 Cr.P.C, which is intended to warrant fair play at the time of making search. The distinction in case of section 103 the warrant of search is to be obtained from a competent Magistrate and then the search is to be made, whereas section 47 Cr.P.C, does not enjoin such formality because it envisages eventualities wherein no recourse can practically be made to obtain search warrant, and therefore, this provision of law does not make it necessary that a search under these circumstances should be witnessed by respectable persons from the locality.

    ii. Procedure where ingress not obtainable u/s 48 Cr.P.C
    This section provides that if difficulties are placed in the way of a police officer he may sue force to obtain ingress.

    iii. Power to break open doors and windows for purposes of liberation u/s 49 Cr.P.C
    This section provides that any police officer or any other person authorized to make an arrest may break open any outer or inner door or window of any house or place in order to liberate himself or any other person who, having lawful entered for the purpose making an arrest, is detained therein.

    iv. No unnecessary restraint u/s 50 Cr.P.C
    This section provides that the person arrested shall not be subjected to more restraint than is necessary to prevent his escape.

    v. Search of arrested person u/s 51 Cr.P.C
    Police is competent to make search of the person of an accused only one under this section.

    vi. Mode of searching women u/s 52 Cr.P.C
    This section provides that whenever it is necessary to cause a woman to be search, the search shall be made by another woman, with strict regard to decency.

    8. Arrest of Vagabonds, Habitual Robbers etc u/s 55

    This section is intended for suppression of habitual bad characters whom an officer-in-charge of a police station suddenly finds within his circle or about whom he has good cause to fear that they will commit serious harm before there is time to apply to the nearest Magistrate empowered to deal with the case under section 112.

    9. Remedies for Maliciously arrest
    i. Section 491 Cr.P.C 1898
    ii. Writ u/Article 199 of the Constitution of Islamic Republic of Pakistan, 1973.

    Conclusion

    It is clear that the word “arrest”, when used in its ordinary and natural sense, means the apprehension or restraint or the deprivation of one’s personal liberty. The question whether the person is under arrest or not, depends not on the legality of the arrest, but on whether he has been deprived of his personal liberty to go where he pleases, when used in the legal sense, in the procedure connected with criminal offenses, an arrest consists in the taking into custody of another person under authority empowered by law, for the purpose of holding or detaining him to answer a criminal charge or of preventing the commission of criminal offense. The essential elements to constitute elements to constitute an arrest in the above sense are that there must be intent to arrest under the authority, accompanied by a seizure or detention of the person in the manner known to law, which is so understood by the person arrested. Section 46 Cr,P.C does not contemplate any formality before a person can be said to be taken in custody. Submission to the custody by words of mouth or action by a person is sufficient. A person directly giving a police officer by word of mouth information, which may be used as evidence against him, may be deemed to have submitted to the custody of the Police Officer.
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    Item Reviewed: Procedure for Arrest Rating: 5 Reviewed By: Usman Ali
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