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Arrest by private person: Power and Procedure

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Arrest by private person: Power and Procedure

Submitted by
Kunwar Ashish Singh
B.comLL.B(Hons*)
Roll No. 32
of
Faculty of Law

Dr. Shakuntala Misra National Rehabilitation University
,Lucknow
In

March, 2018
Under the guidance of
Shipra dubey ma’am

friends and others who in one way or another shared their support. However. I thank you all. Kunwar ashish singh 3rd year Student B.B(Hons. Arrest by private person: Power and Procedure 2 ACKNOWLEDGEMENT The completion of this Assignment could not have been possible without the participation and assistance of so many people whose names may not all the be enumerated. kind and understanding spirit during making of this assignment.Com. the author of knowledge and wisdom. I would like to express my deep appreciation and indebtedness particularly to the following. Their contribution is sincerely appreciated and gratefully acknowledged. Above all. financially and physically. either morally. thank you. to the Great Almighty. LL. To all relatives. for her countless love. Shipra dubey ma’am for her endless support.) .

I understand that I myself could be held responsible and accountable for plagiarism. Lucknow for ‘Code Of Criminal Procedure’ as part of internal assessment. detected later. is based on my original work carried out under the guidance of shipra dubey ma’am. . if any. The material borrowed from other sources and incorporated in the thesis has been duly acknowledged. Shakuntala Misra National Rehabilitation University. The research work has not been submitted elsewhere for award of any degree. Arrest by private person: Power and Procedure 3 Certificate The project entitled “Arrest by private person. power and procedure” submitted to the Faculty of Law. Dr.

. Introduction…………………………………………………………………… .. 5 3... Arrest by private person: Power and Procedure 4 Table of contents 1...... Power of private person to arrest the person……………………………………..8y ...... How arrest is made by private person……………………………………………7. ‘Arrest’ Meaning…………………………………………………………… .7 4........ 5 2......8 5...6.. 6 Exception……………………………………………………………………. Arrest by Private person……………………………………………………… ..............

Arrest means apprehension of a person by legal authority (by Magistrate. Every compulsion or physical restraint is not arrest but when the restraint is total and deprivation of liberty is complete. The federal Constitution imposes limits on criminal arrests5. Simply language. 1 http://www. or where it is authorized by a statute3.com/academy/lesson/arrest-history-procedure-information. An arrest serves the function of notifying the community that an individual has been accused of a crime and also may admonish and deter the arrested individual from committing other crimes. the arrested person has to be hand over to the police officer or a police station1 within 8 days For instance. Every person can arrest or cause to be arrested a person but that can made only in accordance with some legal provision permitting such arrest.html 4 http://legal-dictionary. A seizure or forcible restraint.businessdictionary. But in ordinary cases. In case of serious offences. for arrest legal authority is essential. then to hold the police within 8 days for further process. an exercise of the power to deprive a person of his or her liberty. especially. Arrest by private person: Power and Procedure 5 Introduction The word ‘Arrest’ has neither been defined in the code nor in the IPC nor in any other enactment dealing with criminal offences.com/definition/arrest.pdf 2 http://study.com/archives/2015/vol1issue7/PartJ/16-42. arrests are often made. The purpose of an arrest is to bring the arrestee before a court or otherwise secure the administration of the law.html 3 http://www. Every confinement is not arrest. police. Arrest may be made with an arrest warrant or without one in case of an arrestable offense.com/arrest 5 http://legal-dictionary. Private Person) resulting in deprivation of his liberty.The arrest is made by the Magistrate or Police or by a private person. in response to a criminal charge4. ‘Arrest’ Meaning To detain a person and keep him or her in custody by lawful authority. Arrest of a person is made with a view to ensure his presence at trial in connection with any offences in which he is directly or indirectly involved. When a person arrest thief.thefreedictionary. summon to answer certain questions and thereafter their presence is ensured at the trial of the case2.com/arrest . which are not of serious nature the accused person is normally called to the police station through.allresearchjournal. that would amount to arrest. the taking or keeping of a person in custody by legal authority. After arrest.thefreedictionary.

Under section 41. The provision is merely enabling and doesn’t make it obligatory on the part of a private person to make an arrest without warrant.2(c)) and with warrant in non. The principle underlying this section is that “for the sake of preservation of the peace. The right of arrest by a private person under section 43 must be exercised simultaneously with the commission of the offence.cognizable offence (sec 2 (l)). Cognizable offences are of more serious nature as compare to non cognizable offences i. therefore.4th/2015) . Any magistrate (whether Executive or judicial) may arrest a person without a warrant (sec. Any private individual may arrest a person only when the person a proclaimed offender and the person commits a non bailable offence and cognizable offences in his presence (sec. Murder. These words cannot be read as ‘in his opinion’ or on ‘suspicion ‘or on ‘information’. AIR 1960 8 C. so long as his conduct shows that the public peace is likely to be end angered by his acts”. it must be construed strictly in the manner so as not to enlarge the power private individual to arrest a person.M.Gurgaon. The words ‘in his presence’ clearly indicate that the crime must have been committed before his eyes.C Thakkar. The offence must be non-bailable and cognizable not bailable or non-cognizable7. Any person who commits a non-bailable and cognizable offence in his presence. a private person must make over such person to a police officer or thake him to the nearest police station8. Indra. Such knowledge therefore. 44).e. theft. Arrest by police officer can be made without warrant only in cognizable offences (sec. etc. Takwani criminal procedure 52(LexisNexis. Any person who is a proclaimed offender6. Arrest by private person: Power and Procedure 6 Arrest by Private person A private person can arrest without warrant- 1. kidnapping.K Thakkar. Moreover. any individual who sees it broken may restrain the liberty of him whom he sees breaking it. Exception There is certain exception about arrest by private person or by another authority 6 Section 43 7 State v. 2. The provision is extraordinary in nature inasmuch as it enables a private person to arrest a person in certain circumstances and. must be personal knowledge. 43).

without unnecessary delay. If there is reason to believe that such person comes under the provisions of section 41. 3. the expression" State Government" were substituted9.section (1) shall apply to such class or category of the members of the Force charged with the maintenance of public order as may be specified therein. 2. If there is reason to believe that he has committed a non-cognizable offence and he refuses on the demand of a police officer to give his name and residence. How arrest is made by private person In making an arrest the police officer /other person making the same actually touches or confines the body of the person to be arrested unless there be a submission to custody by words or action. a police officer shall re-arrest him.com/arrest-procedure-and-rights-of-arrested-person-in-india/ . wherever they may be serving. and. he shall be dealt 9 Section 45. 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. 10 http://racolblegal. • The State Government may. Arrest by private person: Power and Procedure 7 No person can arrest to any of the member of armed force of the union until he obtaining the consent from the central government.section shall apply as if for the expression" Central Government" occurring therein. 1. take such person or cause him to be taken in custody to the nearest police station. shall make over or cause to be made over any person so arrested to a police officer. in the absence of a police. and thereupon the provisions of that sub. or gives a name or residence which such officer has reason to believe to be false. or. Any private person may arrest or cause to be arrested any person who in his presence commits a non-bailable and cognizable offence. • Notwithstanding anything contained in sections 41 to 44 (both inclusive). or any proclaimed offender. The person making an arrest may use ‘all means’ necessary to make arrest if person to be arrested resists or attempts to evade the arrest10. by notification. direct that the provisions of sub. officer.

for a police officer to enter such place and search therein. • If ingress to such place cannot be obtained under sub-section (1). Provided that.in/criminal_procedure_code/chapter_05. such place shall. but if there is no sufficient reason to believe that he has committed any offence. But there is one exception which is provided in the proviso of this section that if a female is inside the house needs to be evacuated safely and then require proceeding such as breaking window and door of the house in order to arrest the person may be made out but the female which is taken out from the house is not the person who is assume to be arrested. according to custom. any place. he cannot otherwise obtain admittance. such person or police officer shall. but cannot be obtained without affording the person to be arrested an opportunity of escape. Arrest by private person: Power and Procedure 8 with under the provisions of section 42.php#s43 . or is within. or any police officer having authority to arrest. on demand of such person acting as aforesaid or such police officer. • If any person acting under a warrant of arrest. if after notification of his authority and purpose. window of any house and enter in the house for the purpose of arresting the person. before entering such apartment. or being in charge of. any person residing in. he shall be at once released11. and in order to effect an entrance into such place. to break open any outer or inner door or window of any house or place. and may then break open the apartment and enter it. it shall be lawful in any case for a person acting under a warrant and in any case in which a warrant may issue. and demand of admittance duly made. Power of private person to arrest the person Simply Section 45 of the code provide the power to the private person to break the inner door. if any such place is an apartment in the actual occupancy of a female (not being the person to be arrested) who. give notice to such female that she is at liberty to withdraw and shall afford her every reasonable facility for withdrawing. has reason to believe that the person to be arrested has entered into. and afford all reasonable facilities for a search therein. allow him free ingress thereto. 11 http://devgan. whether that of the person to be arrested or of any other person. does not appear in public.

Arrest by private person: Power and Procedure 9 • Any police officer or other person authorised 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. this section allows a private citizen to arrest without warrant only and only if a non-bailable and cognizable offence has been committed in his presence the right of arrest under section 43 accrues to a private citizen on the basis of his own personal knowledge derived from the use of his own eyss in seeing a non-bailable an cognizable offence being committed13. Where a private citizen seeing a person fleeing with a knife in hand being persued by many persons shouting for his apprehension. 248 14 Abdul Aziz v.gov. attempts to arrest the fleeing person. having lawfully entered for the purpose of making an arrest.p df 13 Abdul habib v.in/sites/default/files/uploadedfile/Criminal%20Procedure%20Code%201973. the arrest is without any right contemplated by section 43 14.what is a cognizable offence has been already discussed earlier. 12 http://west.tripurapolice.156 .bailable offence” have been defined in clause (a) of section 2 whch is as follows: a) Bailable offence means an offence which is shown as bailable in the first schedule. The right of arrest under this section must be exercise simultaneously with the commission of the offence14. The power of arrest without warrant given by this section can be exercised only in respect of an offence which is both non. AIR 1956 AP. From this definition and from the provisions of first schedule it would be clear that broadly speaking non-bailable offences or serious offences while section 42 allows a police officer to arrest without warrant a person committing or accused of committing a non-cognizable offence in his presence. state. Emeror.and “nonbailable offence” means any other offence. AIR 1933 Pat 508.bailable and cognizable.1974 Cri LJ. is detained therein12. 14 Kolavennu venkayya. or which is made bailable by any other law for the time being in force. The expressions “ Bailable offence” and “Non. In re.