• LOGIN
    • No products in the cart.

​ARREST AND RIGHTS OF ARRESTED PERSON

“The power to arrest to deprive a citizen of liberty must be used fairly, responsibly, and without bias” – Loretta Lynch. 
                                                                              One of the most dangerous cocktails in a democracy is when those who are meant to enforce the law take the law into their own hands. Every week in India, several citizens – usually the poor and those from weaker section of the society are victims of illegal arrest and other forms of custodial torture. The Term Arrest is something, we hear a lot in your day to day life. Generally, a person who does some wrong against law gets arrested. Here, we need to understand the term “Arrest” and Rights of arrested Person, so that we don’t become a victim of it. In Indian Criminal law, Crpc 1973, chapter V (Section 41 to 60) talks about Arrest of a person but ironically has not defined arrest anywhere.                                                                                                                               Then what is “Arrest”? Arrest means the apprehension of a person by legal authority resulting in deprivation of his liberty. An arrest includes of taking into custody of another person’s authority empowered by law for the purpose of holding or detaining him to answer a criminal charge and preventing the commission of the criminal offence.                                                                          

The second question comes in mind, who can arrest you?                                        An arrest can be made by (I) A Police officer, (II) A Magistrate (Sec. 44) or (III) A Private Person. Yes U/Sec. 43 of crpc, a private person including me and you can also arrest a person in case the person committed a non-bailable and cognizable offence or if that person is Proclaimed Offender (sec.82) .The most form of an arrest is arrest made by police, under sec. 41 police officer can make an arrest without a warrant in any cognizable offences and with a warrant in non-cognizable offences. Cognizable offences are more of serious nature as compared to non-cognizable offences i.e. Murder, Kidnapping, etc.                                                                                                

The third question that how arrests are made?                                                                                                             

Sec. 46 describes the mode in which arrests are to be made (whether with or without the warrant). 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.                                                                                                                          

RIGHTS OF ARRESTED PERSON: –                 

In Criminal Law, there is a principle that “Presumption of innocence unless proven guilty” though this principle varies with facts and circumstances of each case. So, an arrest of a person doesn’t make him guilty. He has a right to be treated with ‘humanity, dignity and respect’. Here the following rights:-     

Right to be informed of the grounds of arrest under sec. 50 of crpc and article 22 of Indian Constitution, it’s a fundamental right to be informed. It is the duty of the police officer to inform you and also tell whether the offence is bailable or non-bailable. Normally, Bailable offences are those where bailable can be granted and it is right of the person to be granted bail and Non- bailable offences are where bailable can’t be granted generally and it’s the discretion of the court.

In non- cognizable cases, arrests are made with warrant and the person going to be arrested has a right to see the warrant under Sec. 75 of crpc. Warrant of arrest should fulfill certain requirements such as it should be in writing such as signed by the presiding officer , should have seal of court , Name and address of the accuse and offence under which arrest is made. If any of these is missing, warrant is illegal.

U/ sec. 41 , police have a power to arrest a person without a warrant as a prompt and immediate arrest is needed , no time to approach magistrate and obtain a warrant for example in a case where serious crime is has been perpetrated by a dangerous person or where chances of that person absconding unless immediately arrested.                       .                                                 Not in all cases arrest in necessary, Notice of appearance before police officer can be made if reasonable complaint has been made ,credible information has been received and suspicion exits of cognizable offence and if concern person continues to comply with such notice and appears then arrest is not necessary but he don’t, arrest can be made.( sec 41A)

The police officer must be wearing a clear, visible and clear identification of his name which facilitates easy identification. A memo of arrest must be prepared at the time of arrest – (i) attested by least one witness, it can be a family member or member of the locality where arrest is made (ii)countersigned by arrested person.

Right of arrested person to meet an advocate of his choice during interrogation U/sec. 41D and sec. 303 crpc.

An arrested person has a right to inform a family member, relative or friend about his arrest U/ sec 50 of crpc.

An arrested person have right not to be detained for more than 24hrs, without being presented before a magistrate, it is to prevent unlawful and illegal arrests. This right is fundamental right under article 22 of Indian constitution and U/sec. 57 and 76 of crpc.

An arrested person has the right to be medically examined (Sec 54,55A).

An arrested person has a right to remain silent U/Sec. 20(3) of Indian constitution so that police can’t extract self – incriminating statement from a person without a will or without his consent.

PROTECTION TO FEMALES -:

The General rule is that Females are not be arrested without the presence of a lady constable and no female be arrested after sun-set but there are exception in some cases, where crime is very serious and arrest is important then arrest can be made with special orders and it depends on facts and circumstances of each case. Separate lock ups to be provided for them. [State of Maharashtra Vs Christian Community Welfare Council of India [(2003) 8 SCC 546]
REFERENCE:-

D.K  Basu v State of West Bengal [AIR,1997,SC 610]
JOGINDER KUMAR VS STATE OF UP [1994 AIR 1349]
ARNESH KUMAR VS STATE OF BIHAR

BY:- Krishna Sharma

December 7, 2016

174 responses on "​ARREST AND RIGHTS OF ARRESTED PERSON"

  1. Thanks for finally writing about >​ARREST AND RIGHTS OF ARRESTED PERSON –
    LexHindustan <Liked it!

  2. FjFWvC You have remarked very interesting details ! ps decent website.

  3. Wow, great article post.Really looking forward to read more. Awesome.

  4. Very informative blog.Really thank you! Fantastic.

  5. It as hard to find well-informed people in this particular subject, however, you sound like you know what you are talking about! Thanks

  6. we all be familiar with media is a great source of facts.

  7. This is a excellent blog, would you be interested in doing an interview about just how you designed it? If so e-mail me!

  8. There are some lessons we have to drive the Muslims from its territory,

  9. Perfectly indited written content , thankyou for entropy.

  10. Thanks a lot for the blog.Really looking forward to read more. Great.

  11. Really appreciate you sharing this blog.Really looking forward to read more. Awesome.

  12. I truly appreciate this post. I ave been looking everywhere for this! Thank goodness I found it on Bing. You have made my day! Thank you again

  13. Very informative article.Really looking forward to read more.

  14. Spot on with this write-up, I actually believe this website needs far more attention. I all probably be returning to read more, thanks for the advice!

  15. This is one awesome post.Really thank you!

  16. What as Happening i am new to this, I stumbled upon this I have found It positively useful and it has aided me out loads. I hope to contribute & assist other users like its aided me. Good job.

  17. Thank you ever so for you post.Really thank you! Awesome.

  18. Fantastic blog post.Really thank you! Will read on…

  19. I really enjoy the blog post.Much thanks again. Really Great.

  20. Very nice post. I just stumbled upon your blog and wished to say that I ave truly enjoyed surfing around your blog posts. After all I all be subscribing to your feed and I hope you write again soon!

  21. Really enjoyed this blog article.Much thanks again. Keep writing.

  22. Terrific post however , I was wanting to know if you could write a litte more

  23. Hey, thanks for the post. Great.

  24. Way cool! Some extremely valid points! I appreciate you writing this write-up and also the rest of the site is also very good.

  25. Just file making clear content. I beg your pardon? exactly I needed! I have been previously browsing search engines like google the complete sunlight hours for some correct item such as this

  26. Muchos Gracias for your post.Really thank you! Awesome.

  27. This is one awesome blog.Really thank you! Really Great.

  28. The overall look of your site is fantastic, as

  29. I think this is a real great blog post.Much thanks again. Fantastic.

  30. This is one awesome blog post.Really thank you! Great.

  31. This excellent website certainly has all of the information and facts I wanted about this subject and didn at know who to ask.

  32. Thanks a lot for the blog.Really thank you! Great.

  33. prada ??? ?? ?? ???????????.????????????.?????????????????.???????

  34. Im thankful for the blog article.Really looking forward to read more. Great.

  35. It is almost not possible to find knowledgeable folks within this subject, on the other hand you sound like you realize what you are speaking about! Thanks

  36. You make it enjoyable and you still take care of to keep it smart. I can not wait to read much more from you. This is really a tremendous website.

  37. I truly appreciate this article post.Really thank you! Want more.

  38. Hey, thanks for the blog article.Really looking forward to read more. Want more.

  39. Good replies in return of this difficulty with firm arguments
    and explaining all on the topic of that.

  40. Great post.Really looking forward to read more. Will read on…

  41. I loved your blog article. Really Cool.

  42. Im obliged for the article post.Really thank you! Awesome.

  43. Major thanks for the blog. Really Great.

  44. A big thank you for your blog.Thanks Again. Keep writing.

  45. Say, you got a nice article post.Really looking forward to read more. Will read on…

  46. Looking forward to reading more. Great blog.Really thank you! Much obliged.

  47. Enjoyed every bit of your blog.Much thanks again. Want more.

  48. It seems too complicated and extremely broad for me.

  49. Im grateful for the post.Much thanks again. Cool.

  50. ugg boots uk ugg boots cheap ugg outlet sale genuine ugg boots ugg boots uk ugg australia pas cher cheap ugg boots sale ugg outlet

  51. Great, thanks for sharing this post.Thanks Again. Much obliged.

  52. I really liked your blog.Much thanks again. Awesome.

  53. Really appreciate you sharing this blog article.Much thanks again. Really Cool.

  54. Really informative blog article.Really thank you! Awesome.

  55. Great article post.Much thanks again. Really Great.

  56. Looking forward to reading more. Great blog.Much thanks again. Really Great.

  57. Thanks for the blog article.Really thank you! Really Cool.

  58. Thanks for sharing, this is a fantastic article post.Much thanks again. Cool.

  59. Many thanks for sharing this very good write-up. Very inspiring! (as always, btw)

  60. Fantastic blog post.Really looking forward to read more. Cool.

  61. wow, awesome article post.Much thanks again. Much obliged.

  62. Enjoyed every bit of your article post.Much thanks again. Fantastic.

  63. Great blog article.Thanks Again. Keep writing.

  64. Major thanks for the article.Really thank you! Cool.

  65. I loved your blog post.Much thanks again. Will read on…

  66. Really appreciate you sharing this blog.Really looking forward to read more. Really Cool.

  67. Thanks so much for the blog post.Really looking forward to read more. Really Great.

  68. I truly appreciate this blog.Thanks Again. Will read on

  69. Really informative blog post.Much thanks again. Great.

  70. I think other web site proprietors should take this site as an model, very clean and magnificent user friendly style and design, let alone the content. You are an expert in this topic!

  71. Really appreciate you sharing this blog post.Really thank you! Much obliged.

  72. Wow! Thank you! I always needed to write on my site something like that. Can I include a portion of your post to my website?

  73. Thanks, I have recently been seeking for facts about this subject for ages and yours is the best I ave discovered so far.

  74. This paragraph will help the internet visitors for building
    up new weblog or even a weblog from start to end.

  75. If you are going for best contents like I do, just visit this web page every day
    since it provides feature contents, thanks

  76. Im thankful for the article post. Really Cool.

  77. Thank you, I have just been looking for info about this subject for ages and yours is the best I have discovered so far. But, what about the bottom line? Are you sure about the source?

  78. You ave made some good points there. I looked on the web to learn more about the issue and found most individuals will go along with your views on this site.

  79. This site really has all the information and facts I needed about this subject and didn at know who to ask.

  80. Thanks for sharing, this is a fantastic post.Thanks Again. Really Cool.

  81. Muchos Gracias for your blog article.Much thanks again. Will read on…

  82. Thanks again for the article post.Much thanks again. Much obliged.

  83. Major thanks for the article post.Thanks Again. Want more.

  84. I cannot thank you enough for the blog post.Really thank you! Really Cool.

  85. Thanks for sharing, this is a fantastic post.Thanks Again. Fantastic.

  86. Wow, great blog.Really looking forward to read more. Want more.

  87. Thanks for sharing, this is a fantastic blog.Really thank you! Great.

  88. Thank you for your article.Much thanks again. Awesome.

  89. Thanks for the blog post.Really thank you! Fantastic.

  90. Say, you got a nice blog post. Much obliged.

  91. Very good article.Much thanks again. Cool.

  92. Thanks again for the article.Really thank you! Will read on…

  93. Major thanks for the blog article. Keep writing.

  94. The info mentioned within the article are several of the very best readily available

  95. This page definitely has all the info I wanted concerning this subject and didn at know who to ask.

  96. I appreciate you sharing this article. Really Great.

  97. I value the article.Really looking forward to read more. Great. oral creampie

  98. Sweet blog! I found it while browsing on Yahoo News. Do you have any suggestions on how to get listed in Yahoo News? I ave been trying for a while but I never seem to get there! Thank you

  99. This awesome blog is without a doubt interesting and besides factual. I have discovered a lot of useful things out of this amazing blog. I ad love to come back again and again. Thanks a lot!

  100. Looking forward to reading more. Great article post.Really thank you! Awesome.

  101. I went over this site and I conceive you have a lot of wonderful information, saved to favorites (:.

  102. Lovely good %anchor%, We have currently put a different one down on my Xmas list.

  103. What as Happening i am new to this, I stumbled upon this I have found It absolutely helpful and it has helped me out loads. I hope to contribute & help other users like its helped me. Good job.

  104. A round of applause for your post.Thanks Again. Cool.

  105. Really enjoyed this article post.Thanks Again. Want more.

  106. Thanks-a-mundo for the article.Really looking forward to read more. Fantastic.

  107. This is one awesome blog article.Really thank you! Awesome.

  108. This blog is obviously entertaining and factual. I have found a lot of useful tips out of this amazing blog. I ad love to return over and over again. Thanks a lot!

  109. Thanks-a-mundo for the blog.Really thank you! Really Cool.

  110. A round of applause for your post.Really looking forward to read more. Want more.

  111. you write. The arena hopes for more passionate writers like you who aren at afraid to say how they believe. All the time follow your heart.

  112. Im thankful for the blog article.Much thanks again. Great.

  113. Thanks again for the blog post.Really thank you! Fantastic.

  114. Really appreciate you sharing this blog post.Much thanks again. Really Great.

  115. I was recommended this blog by my cousin. I am not sure whether this post is written by him as nobody else know such detailed about my difficulty. You are amazing! Thanks!

  116. This very blog is obviously cool as well as diverting. I have discovered helluva helpful things out of it. I ad love to return every once in a while. Thanks a bunch!

  117. shared around the web. Disgrace on Google for no longer positioning this publish higher!

  118. Im thankful for the blog article.Really thank you! Keep writing.

  119. indeed, analysis is paying off. sure, study is paying off. Take pleasure in the entry you given.. sure, research is paying off.

  120. I really liked your article.Much thanks again. Awesome.

  121. Looking forward to reading more. Great article post. Really Cool.

  122. Some really prime content on this web site , saved to fav.

  123. I thought it was going to be some boring old post, but it really compensated for my time. I will post a link to this page on my blog page. I am sure my visitors will come across that really useful

  124. Wow, incredible blog format! How lengthy have you been blogging for? you made running a blog look easy. The total glance of your site is fantastic, as well as the content material!

  125. Really enjoyed this blog.Really looking forward to read more. Fantastic.

  126. I truly appreciate this post.Much thanks again.

  127. Orange County SEo Expert I’а†ve recently started a site, the information you provide on this website has helped me greatly. Thank you for all of your time & work.

  128. I’d like to find out more? I’d love to find out some additional information.

  129. Spot on with this write-up, I actually suppose this web site wants far more consideration. I all probably be again to learn far more, thanks for that info.

  130. Wow, great blog.Really thank you! Really Great.

  131. Im thankful for the article post.Much thanks again. Will read on

  132. Wow, awesome blog layout! How long have you been blogging for? you make blogging look easy. The overall look of your website is fantastic, as well as the content!. Thanks For Your article about &.

  133. You made some nice points there. I looked on the internet for the issue and found most persons will consent with your site.

  134. It as best to participate in a contest for among the best blogs on the web. I all suggest this web site!

  135. You made some decent points there. I looked on the internet for the topic and found most individuals will agree with your website.

  136. Im obliged for the blog post.Really looking forward to read more. Keep writing.

  137. Major thankies for the article.Really looking forward to read more. Really Cool.

  138. I just couldn’t leave your website before suggesting that I actually loved
    the standard information a person provide for your guests?
    Is going to be back ceaselessly in order to
    inspect new posts

  139. I truly appreciate this blog article.Much thanks again. Awesome.

  140. I seriously love your site.. Very nice colors & theme.
    Did you make this web site yourself? Please reply back as I’m wanting to create my own website and want to find
    out where you got this from or just what the theme is named.
    Thank you!

  141. I appreciate you sharing this article post.Thanks Again. Will read on…

  142. I blog frequently and I truly appreciate your content. This
    article has really peaked my interest. I am going to take a note of
    your site and keep checking for new details about
    once a week. I opted in for your Feed as well.

  143. I used to be able to find good advice from your blog posts.

  144. I wanted to thank you for this fantastic article, I certainly loved each and every small bit of it. I ave bookmarked your internet site to look at the latest stuff you post.

  145. Wow, awesome blog layout! How long have you been blogging for? you make blogging look easy. The overall look of your website is wonderful, let alone the content!

  146. Enjoyed every bit of your post.Much thanks again. Want more.

  147. Wow! This blog looks just like my old one!

    It’s on a entirely different subject but it has pretty much the same
    layout and design. Outstanding choice of colors!

  148. Wow, fantastic blog layout! How long have you been blogging for? you made blogging look easy. The overall look of your web site is magnificent, let alone the content!

  149. Hmm is anyone else encountering problems with the images on this
    blog loading? I’m trying to determine if its
    a problem on my end or if it’s the blog. Any responses would be greatly appreciated.

  150. Thanks for every other informative site. The place else may just I get that kind of information written in such a perfect manner?
    I have a venture that I’m simply now working on, and I’ve been on the look out for such info.

  151. Hi there, I enjoy reading through your post. I wanted to
    write a little comment to support you.

  152. It as good to come across a blog every once

  153. Major thanks for the blog article.Much thanks again. Much obliged.

  154. You really make it seem so easy together with your presentation but I in finding this topic to be really something that I believe I would never understand.
    It seems too complex and very large for me. I’m having a look forward in your next submit, I will try
    to get the dangle of it!

  155. Lovely just what I was looking for.Thanks to the author for taking his time on this one.

  156. Wow, this piece of writing is fastidious, my sister is analyzing such things, thus I am going to tell her.

  157. tee shirt guess ??????30????????????????5??????????????? | ????????

  158. Way cool! Some extremely valid points! I appreciate you penning this post and also the rest of the site is extremely good.

  159. Thank you for helping out, good information. Whoever obeys the gods, to him they particularly listen. by Homer.

  160. Stunning story there. What happened after? Good luck!

  161. Major thanks for the article post.Really looking forward to read more. Much obliged.

  162. I savour, cause I discovered just what I used to be taking a look for.
    You’ve ended my four day lengthy hunt! God Bless you man. Have a nice day.
    Bye

  163. I think you have mentioned some very interesting details , regards for the post.

  164. Your style is really unique compared to other people I have read stuff from. Thank you for posting when you ave got the opportunity, Guess I all just bookmark this blog.

  165. There is definately a lot to learn about this subject. I love all of the points you have made.

  166. then again is just n?t yet very available,

  167. Just wanna state that this is handy , Thanks for taking your time to write this.

  168. me out a lot. I hope to give something again and aid others like you helped me.

  169. You really make it seem so easy along with your presentation but I find
    this topic to be actually something that I believe I’d never understand.
    It kind of feels too complicated and very broad for me.

    I am having a look ahead for your next submit, I’ll attempt to get the hold of it!

  170. loves can you say that about?) louis vuitton hlouis vuitton handbags replicabags replica it as back this fall in mouth watering chocolate. How can you go wrong

  171. Yeah bookmaking this wasn at a speculative decision great post!

Leave a Message

Your email address will not be published.

Address

71 B Jangpura Delhi, New Delhi

Contact

700-003-9965

Email

[email protected]
top