Code:
(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:
1[Provided that where a woman is to be arrested, unless the circumstances indicate to the contrary, her submission to custody on an oral intimation of arrest shall be presumed and, unless the circumstances otherwise require or unless the police officer is a female, the police officer shall not touch the person of the woman for making her arrest.]
(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.
2[(4) Save in exceptional circumstances, no woman shall be arrested after sunset and before sunrise, and where such exceptional circumstances exist, the woman police officer shall, by making a written report, obtain the prior permission of the Judicial Magistrate of the first class within whose local jurisdiction the offence is committed or the arrest is to be made.]
Explanation:
This section deals with the power of a police officer to arrest a person without a warrant. The power to arrest without a warrant is granted in various circumstances, as outlined in the CrPC, such as:
- When a person is caught committing a cognizable offense.
- When a person is reasonably suspected of having committed a cognizable offense.
- When a person is reasonably suspected of being about to commit a cognizable offense.
The police officer must ensure that the arrest is made in a legal and reasonable manner. Force can be used only if it is reasonably necessary to effect the arrest, and the officer must be careful not to use excessive force.
Illustration:
Consider a scenario where a police officer witnesses a person stealing a mobile phone from another person. The officer can arrest the person without a warrant as the act of stealing constitutes a cognizable offense. However, the officer must ensure that the arrest is carried out legally and that excessive force is not used.
Common Questions and Answers:
Q: What are the rights of a person being arrested?
A person being arrested has the right to be informed of the grounds of arrest, the right to be taken before a magistrate without unnecessary delay, and the right to legal representation.
Q: Can a private citizen make an arrest?
Yes, a private citizen can make an arrest under certain circumstances, as outlined in the CrPC. For example, a private citizen can arrest a person caught committing a cognizable offense or who is reasonably suspected of having committed a cognizable offense.
Q: What happens after an arrest is made?
After an arrest, the person must be taken before a magistrate within 24 hours. The magistrate will decide whether to release the person on bail or send them to jail.
