Arrest Part-1

Arrest

To take or keep in custody by authority of law is called arrest. In simpler words.

the purpose of an arrest is to bring the arrestee before a court or otherwise secure the administration of the law. There can be many reasons to arrest; someone may have committed a crime, or to prevent someone from committing it or he/she has the potential to commit. Arrests can be made on both criminal charges and civil charges, although civil arrest is a drastic measure that is not looked upon with favour by the courts. The federal constitution imposes limits on both civil and criminal arrests.

Apex court says "the arrest into the custody of another person under authority empowered by law for the purpose of holding or detaining him/her to answer a criminal charge and preventing the commission of a criminal offence". 

Before I start with some legal terms one disclaimer to this Blog is especially for Every Citizen and Every Person should know there Rights And Basic Laws. 

Chapter V of Code of Criminal Procedure, 1973 deals with the arrest of persons under (Sections 41 to Section 60). Three People can issue the process of arrest, A police officer with or without a warrant, or a private person, or a magistrate.

There are two types of rights available to the arrested:

A. Rights at the time of the arrest.

B. Rights at the time of trial.

- Right to remain silence:

The right to silence has its origin from common law principles. So in a general sense, the courts or tribunals should not conclude that the person is guilty of any conduct merely because he was not responding to questions which were raised by the police or by the court.

- Right To Know The Grounds of Arrest:

According to Section 50(1) of Cr.P.C., an accused who is being arrested by any police officer, without any warrant, has the right to know the full particulars of offence for which he is being arrested.

Under section 55 of Cr.P.C., it is the right of the accused to know in case of being arrested, the written order against him, specifying the offence or other cause for which the arrest is being made.

In case when the person is being arrested under a warrant, then according to Section 75 of Cr.P.C, any person who is executing such warrant must notify the person who is being arrested, the content of such warrant, or show the warrant if required. If under any circumstance the substance of the warrant is not notified, the arrest would be unlawful.

- Information regarding the right to be released on bail.

Section 50(2) Cr.P.C. provides that 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 that he may arrange for sureties for his bail.

The arrestee has the right to be informed about his arrest to any of its friends, relative or any other person in his interest.

- Right To Be Taken Before A Magistrate Without Delay

Whether the arrest is made without a warrant by a police officer, or whether the arrest is made under a warrant by any person, the person making the arrest must bring the arrested person before a judicial officer without unnecessary delay. It is also provided that the arrested person should not be confined in any place other than a police station before he is taken to the magistrate. These matters have been provided in Cr.P.C. under section 56 and 76.

Provided that such delay shall not, in any case, exceed 24 hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate.

Rights at Trial and Guidelines on Women Arrest will be continued in the next blog. 

Stay tuned!