TYPES OF ARREST

• ARREST BY POLICE WITHOUT WARRANT (S. 41)

• ARREST IN CASE OF NON-COGNISABLE OFFENCES (S.42)
• ARREST BY PRIVATE PERSON (S.43)
• ARREST BY MAGISTRATES (S.44)
• PROTECTION OF MEMBERS OF ARMED FORCES FROM ARREST (S. 45)
• PROCEDURE OF ARREST (S.46)
• SEARCH OF PLACE ENTERED BY PERSON SOUGHT TO BE ARRESTED (S.47)
• PURSUIT OF OFFENDERS INTO OTHER JURISDICTIONS
(S.48)
• NO UNNECESSARY RESTRAINT (S. 49)

• RIGHT OF AN ARRESTED PERSON (S. 50, 50A, 51,52, 53, 54, 54A,
55-60)
• CHAPTER V CrPC
• SECTION 41 – 60
• Arrest is the first step in criminal proceedings
against a suspected person.
• Is the taking of a person into custody in order that
he maybe bound to answer for the commission of
an offense.
• Code has not defined the term “Arrest”.
 Apprehension of a person by legal authority resulting in
deprivation of his liberty.
 It may be actual restraint of the person to be arrested, or by
his submission to the custody of the person making the arrest.
 It signifies restraint on person, depriving one of his own
will and liberty, binding him to become obedient to the will
of the law.
 A person who, being suspected by a police officer of having
committed an offense, was invited by the latter and who
voluntarily went with him, was considered arrested, for
arrest includes submission to the custody of the person
making the arrest.
 The basis for his arrest being merely on suspicion, his arrest
was illegal.
 It is enough that there be an intent on the part of one of the
parties the arrest the other and an intent on the part of the
other to submit, under the belief and impression that
submission is necessary
 ARREST VS CUSTODY

 „Custody‟ and „Arrest‟ don‟t have same meaning.

 Taking of a person into judicial custody is
followed after the arrest of the person by
Magistrate on appearance or surrender.
 In every arrest there is custody but not vice versa.
 Mere taking into custody of a person an authority
empowered to arrest may not necessarily amount to
arrest.
 PURPOSE OF ARREST

 The mere purpose of arrest is to bring a

arrestee before a court and to secure the
administration of the law.
 It also serve the function of notifying society that an
individual has been committed a crime and to deter
him from committed any other crime in future.
TYPES

ARREST

WITHOUT WARRANT
WITH WARRANT (ACCORDANCE WITH
(ISSUED BY SOME LEGAL
MAGISTRATE) PROVISIONS
PERMITTING ARREST)
 WHO CAN ARREST ?
 Police Officer (S. 41)
 Magistrate (S. 44)
 Private Person (only in accordance with some legal
provision permitting such arrest) (S. 43)
 Exemption : Member of Armed Forces for
anything done by them in discharge of their
official duties except after obtaining the consent
of the government (S. 45)
 ARREST MADE BY POLICE OFFICER
 S. 46
 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.

 When the police arrests a person in execution of a

warrant of arrest obtained from a magistrate, the
person so arrested shall not be handcuffed unless the
police have obtained orders from the Magistrate in
this regard.
 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.
 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.
 The person arrested shall not be subjected to more
restraint than is necessary to prevent his escape. (S.
49)
 ARREST OF WOMEN
 In case of women, 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.

 No women 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

 Separate lock ups to be provided for them.