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SUBJECT - LAW OF CRIME - II

Project Topic- RULES RELATING TO ARREST

UNDER CR.PC.
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 ACKNOWLEDGEMENT

With profound gratitude and sense of indebtedness I place on record my sincerest thanks to, for his invaluable
guidance, sound advice, and affectionate attitude during the course of my studies.
I have no hesitation in saying that he molded raw clay into whatever I am through her incessant efforts and keen
interest shown throughout my academic pursuit. It is due to his patient guidance that I have been able to complete
the task.

I would also thank the Indian institute of Legal Studies Library for the wealth of information therein. I also express
my regards to the Library staff for cooperating and making available the books for this project research paper.

Finally, I thank my beloved parents for supporting me morally and guiding me throughout the project work.

Date: - 5 - 5- 2022

TEACHER SIGNATURE NAME

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 TABLE OF CONTENTS

CHAPTER - 1 INTRODUCTION ---------------------------------------------------------- 6

CHAPTER - 2. WHO CAN ARREST? -----------------------------------------------------7 - 9

CHAPTER - 3. TYPES OF ARREST ------------------------------------------------------10 - 11

CHAPTER - 4. PROCEDURE OF ARREST---------------------------------------------- 12 - 13

CHAPTER - 5. AFTER PROCEDURE OF ARREST ---------------------------------- 14 - 16

CHAPTER - 6. SPECIAL PROVISIONS OF FEMALE ------------------------------ 17

CHAPTER - 7. ADDITIONAL POWER PROVIDED FOR EFFECTING

ARREST IN INDIA ----------------------------------------------------------------------------- 18 - 19

CHAPTER - 8. WHAT ARE THE RIGHTS OF AN ARRESTED PERSON --- 20 - 24

CHAPTER - 9 CONSEQUENCE OF NON COMPLIANCE WITH THE

PROVISIONS RELATING TO ARREST -------------------------------------------------- 25

CHAPTER - 10. CONCLUSION ---------------------------------------------------------- 26

CHAPTER - 11. BIBLIOGRAPHY ------------------------------------------------------- 27

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 TABLE OF CASES

1. Swami Hariharanand Saraswati And vs The Jailor I/C Dist. Jail on 24 March, 1954

2. Joginder Kumar vs State Of U.P on 25 April, 1994

3. State of Rajasthan v. Bhera, 1997 Cr LJ 1237 (Raj-DB)

4. Birendra Kumar Rai vs Union Of India (Uoi) And Ors. on 21 February, 1992

5. Bharosa Ramdayal vs. Emperor, 1941

6. Kasturi Lal vs the State of UP, 1965

7. Anil A Lokhande vs the State of Maharashtra, 1981

8. Hussainara Khatoon & Ors vs Home Secretary, State Of Bihar, on 9 March, 1979

9. Suk Das & Anr vs Union Territory Of Arunachal ... on 10 March, 1986

10. Nandini Satpathy vs Dani (P.L.) And Anr on 7 April, 1978

11. Khatri vs. State of Bihar

12. Sheela Barse vs. State of Maharashtra (1983),

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 CHAPTER - 1

INTRODUCTION

The term “Arrest” means apprehension of someone via way of means of criminal authority so that it will reason
deprivation of his liberty. Thus, after arrest, someone’s liberty is on top of things of the arrester. In crook law,
arrest is an vital device for bringing an accused earlier than the court and to save you him from absconding.

As according to Legal Dictionary by Farlex, “Arrest” means “a seizure or forcible restraint; an exercise of the
power to deprive someone of his or her liberty; the taking or preserving of someone in custody by criminal
authority, especially, in reaction to a criminal charge.” The cause of an arrest is to carry the arrestee earlier than
a court or in any other case to steady the management of the law. An arrest additionally serves the characteristic
of notifying the community that an man or woman has been accused of against the law and additionally can also
additionally admonish and deter the arrested person from committing different crimes. Arrests may be made in
each crook and civil cases, despite the fact that in civil matters, arrest is a drastic measure which isn't always
appeared upon with favor by the courts. In Indian law, Criminal Procedural Code 1973 (hereinafter known as
CrPC), chapter V (Section 41 to 60) deals with Arrest of someone however it does now no longer outline arrest

anywhere.

Arrest Under CrPC

Chapter V of the Criminal Procedure Code, 1973 from Sec.41 to 60A provides for the procedure for arrest of
persons who have committed an offence under IPC or any other law in force in India. The provisions of this
Chapter are amended by the Criminal Law Amendment Act, 2005, 2008, 2010,2018. In the Criminal Law
Amendment Act,2005 sub-clause (4) to sec.46, Sec.50A, Sec.53A, Sec.54A, were added and Sec.54 was
substituted. Also through Criminal Law Amendment of 2008, Sec.41 A, 41B, 41C, 41D, 55A, 60A was added.

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By Amendment of 2010 includes sub-clause amendments to sec.41 & sec.41A. Most recently Cri.Law
Amendment Act,2018 amended sec.154 & 154A. Chapter XI of this Code I .e. Preventive action of police from
sec.149 to 153 also incorporate provision for arrest without warrant.

CHAPTER - 2

WHO CAN ARREST?

Under CrPC powers of arrest are given to following persons -:

1) Arrest by Police (Sec.41)

2) Arrest by Private Person( Sec.43)

3) Arrest by Magistrate. (Sec.44)

Arrest by Police Officer:

A police officer may arrest without a warrant under Sections 41 (1) to 151 CrPC; under a warrant under Sections
72 to 74 CrPC; under the written order of an officer in charge under Sections 55 and 157; under the orders of
magistrate under Section 44 and in non cognizable offence under Section 42 CrPC. A superior officer may arrest
under Section 36 CrPC. An Officer-in-Charge of a Police Station may arrest under Section 42 (2) and 157 CrPC.
Under Sections 41, 42, 151 CrPC, a Police officer may arrest without warrant in the following conditions:

1. Who has been concerned in any cognizable offence or

2. Who has in possession, without, lawful excuse, of any house breaking weapon or

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3. Who has been proclaimed as an offender either under CrPC or by order of the State Govt. or

4. Who is in possession of any stolen property or

5. Who obstructs a police officer while in the execution of his duty or who has escaped, or attempts to escape,
from lawful custody or

6. Who is reasonably suspected of being a deserter from any of the Armed forces of the Union or

7. Who has been concerned in any law relating to extradition or

8. Who, being a released convict commits a breach of any rule made under sub-section (5) of Section 356 CrPC
or

9. For whose arrest any requisition has been received from another police officer specifying the person to be
arrested and the offence and other cause for which the arrest is to be made.

As held in the case of Swami Hariharanand Saraswati vs Jailer I/C Dist. Varanasi, 1954, the arrested person
must be produced before another magistrate within 24 hours, otherwise his detention will be illegal.

In the case of Joginder Kumar vs State of UP, 1994, it was held that no arrest can be made merely because it is
lawful to do so. There must be a justifiable reason to arrest.

Further, in State vs Bhera, 1997, it was held that the “reasonable suspicion” and “creditable information” must
relate to definite averments which must be considered by the Police Officer himself before he arrests the person.

A police officer is also empowered under section 42 of Cr.P.C. to arrest any person, who has been accused of
committing a non-cognizable offence and refuses to provide his name and residence on the demand of such officer
or the officer has the reasons to believe that such information is false, in order to ascertain such information.

Arrest by a Private Person:

According to section 43 of CrPC, Any private individual may arrest a person without warrant only when the
person is a proclaimed offender under section 82 CrPC and the person commits a non-bailable offence and
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cognizable offences in his presence; with warrant u/s 72 and 73, under order of a Police officer u/s 37 and under
order of a magistrate u/s 37 and 44 Cr. P.C. and also 60 (1) CrPC.

Arrest by Magistrate:

According to section 44 of CrPC, Any Magistrate, whether Executive or Judicial, may arrest a person when any
offence is committed in his presence then he may himself arrest or order any person to arrest the offender and
thereafter, subject to the provisions herein contained as to bail, may commit the offender to custody.

A military officer may arrest under section 130 and 131 CrPC.

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 CHAPTER - 3

TYPES OF ARREST UNDER Cr. PC.

The Code of criminal procedure contemplates two types of arrests:

1. Arrest made in pursuance with a warrant issued by the magistrate.

2. Arrest made without any warrant but within the established legal provisions

Another type of arrest is Private Arrest wherein someone is arrested through any other person. But it's far allowed
most effective in case someone commits a non-bailable offence in any other person’s presence or is apprehended
of committing a crime against someone or his belongings and when he is not given the perfect deal with of his
house or it's far unknown. But earlier than arresting someone there must be enough apprehension and justifiable
motive to arrest that particular person.

ARREST BY WARRANT-
If a person commits an offence which is non – arrestable then a warrant is necessary to be issued. The police
cannot make such kind of arrest without a warrant. The warrant is issued by a Judge or a Magistrate on behalf of
the state. An arrest warrant authorizes the arrest or detention of the person or capture or seizure of an individual’s
property. Section 41 ( 1 ) of CrPC, 1973 explains when can a person be arrested without any warrant.

Section 41 ( 2 ) of CrPC, 1973 states that subject to the condition in Section 42, a person cannot be arrested
without a warrant and an order of the magistrate in case of non – a cognizable offence and where a complaint is
made. The procedures to be followed while arresting a person find its mentioned in Section 46 of the Code. But
this Code is not fully sufficient to provide all the procedures, for this the guidelines given in different cases are
followed.

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ARREST WITHOUT WARRANT –
An arrest without a warrant means when a police officer is entitled to arrest a person without any warrant. It can
happen only in cases where a person is a suspect of an arrestable offence. There are several grounds provided in
Section 41 ( 1 ) of CrPC under which an arrest can be made without a warrant. It is usually done in case of a
cognizable offence, when a reasonable complaint is made or when a piece of credible information has been
received.

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 CHAPTER - 4

PROCEDURE OF ARREST

Police Procedure For Arrest With Or Without Warrant

The process of arrest or the manner in which the arrest can be effected by a police officer or any other person is
dealt with under Section 46 of the Code of Criminal procedure.

1. For the reason of making an arrest, it's far important that the frame of the individual need to be simply

touched or restrained via way of means of the police officer. Only oral intimidation with out real contact or
submission will now no longer bring about arrest. The individual, to be arrested, also can make submission
himself to the custody via way of means of expressed phrases or conduct. It is in addition supplied that, if
the individual that is to be arrested is a female, then the male police officer shall now no longer contact her
for making the arrest except there's a female police officer or it's far the want of the circumstances. Also,
the oral intimidation of the arrest will be presumed as her submission to custody.

2. In circumstances where the person being arrested actively opposes or seeks to elude arrest, the police are
authorized to use a reasonable amount of methods of force to make the arrest.

3. This section does not grant the right to kill someone who has not been charged with a crime punishable
with death or life imprisonment

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 4. A female can't be arrested after nightfall and before daybreak, except below severe circumstances, wherein
case the female police officer can collect earlier permission to make an arrest from the Judicial Magistrate
of the nearby jurisdiction with the aid of using submitting a written report. This subsection turned into
enacted with the aid of using the Parliament after diverse case laws got here in courts for safety of girls. The
girls police officer shall take the earlier permission of the primary elegance judicial magistrate with the aid
of using creating a written report.

CASES
In the case of Birendra Kumar Rai vs. Union of India, it was established that a police officer does not need to

handcuff the person to make an arrest, and that the arrest can be completed with spoken words if the person
willingly submits to custody.

In another case Bharosa Ramdayal vs. Emperor, it was held that when a person confesses his guilt to the
police, he is considered to have submitted himself into the custody of a police officer. A person is considered
to be submitted into custody if he or she goes to the police station at the officer’s direction. It is not necessary to
make physical contact in such situations

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 CHAPTER - 5

AFTER ARREST PROCEDURES

Search of arrested person: - Whenever an arrested person can not legally be admitted to bail, or is not
able to supply bail, the police officer making the arrest (or to whom the arrested character is revamped after
arrest through a non-public character) might also additionally seek one of these character, and area in secure
custody all articles, apart from essential carrying apparel, observed upon him. A receipt displaying the articles
so seized will be given to one of these person. The police’s failure to take out a restoration memo is an
irregularity and became but held now no longer vitiating the trial. Where the arrested character is a lady the
quest will be made through some other woman with strict regard to her decency as supplied under Section 51 of
CrPC.

Cases

Kasturi Lal vs the State of UP, 1965

It was held that when a person is arrested on suspicion that he was carrying stolen property and the property
found on the search is seized, such seizure shall be reported to a magistrate.

Seizure of offensive weapons: - The police officer or other person making any arrest may take any
offensive weapons from the person arrested which he has in his person, and shall deliver all weapons so taken to
the court or officer before which or whom the arrested person is to be produced under Section 52 of CrPC.
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Medical examination of accused:- If the offence with which the arrested individual is charged is of this
kind of nature and is said to had been dedicated below such instances that the proof as to the commission of the
offence might be afforded via way of means of the medical exam of such an arrested individual, then, at the
example of a police officer now no longer under the rank of a sub- inspector, such exam will be made via way
of means of a registered medical practitioner so as to confirm the records that could manage to pay for such
proof. For the functions of such medical exam such pressure as in all fairness vital can also be used. If the
individual to be so examined is a woman the exam will be made via way of means of, or below the supervision
of, a registered girl clinical practitioner as supplied below Section fifty three of CrPC. Such medical exam has
been held to be now no longer violation of Article 20(3) of the Constitution as it'd now no longer quantity to
compelling the arrested individual “to be a witness” towards himself. The exam is now no longer restrictively
constrained to what's seen at the frame itself. It can also additionally consist of trying out of blood, sputum,
semen, urine, etc. relying upon the character of the case. If the procedure of exam is reasonable, then the
discomfort, ache or harm brought about to the examinee in such exam is justified below Section 53 CrPC. By
giving an complex rationalization as to the which means of ‘exam’ and ‘registered medical practitioner’, the
Code of Criminal Procedure (Amendment) Act 2005 has integrated sections 53-A and 54(2) and laid down the
approaches for the behavior of medical exam.

Section 53-A CrPC makes unique provisions for rape instances. It is enacted that during a rape case the accused
will be dispatched for medical exam through a registered medical practitioner operating in a sanatorium run through
the Government or nearby authority and of their absence inside a radius of 16 kilometers, some other registered
medical practitioner performing at the request of a police officer now no longer under the rank of sub-inspector. For
the motive of such exam such pressure as is necessary also can be used. The registered medical practitioner has to
put together the document with helping motives for his conclusions on every aspect, detailing the names and cope
with of the accused and the individual taking the accused to the scientific practitioner, age of the accused, marks of
harm at the individual of the accused, the outline of material taken from the accused individual for DNA profiling and
different fabric particulars. The actual time of the commencement and crowning glory of examination will
additionally be mentioned with inside the document and a duplicate of the document might be dispatched to the
police officer and the magistrate. In case of the exam taking location at the example of the accused beneathneath
sub- section (1) a duplicate might be given to him additionally beneathneath Section fifty four CrPC. Accused
individuals who're on bail also can be subjected for medical exam. Section 311-A CrPC authorizes the Magistrate to
direct any individual along with an accused to give specimen signatures or handwriting for the motive of research or

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different proceedings. But this order shall now no longer be made if he become at any time arrested in connections
with such research.

Cases

Anil A Lokhande vs the State of Maharashtra, 1981

Supreme Court held that if it is necessary for doing justice, then police officer or court can exercise such power.

Reports of arrest to be sent to District Magistrate: - Every police officer- in- fee of a police station is
needed to document to the District Magistrate the instances of all individuals arrested with out warrant, with
inside the limits of his station beneathneath Section 58 CrPC.

Person arrested not to be discharged except on Bond or Bail: - A individual who has been
arrested through a police officer shall now no longer be discharged besides on his personal bond or on bail or
beneathneath the special order of a Magistrate beneathneath Section 59 CrPC.

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 CHAPTER - 6

SPECIAL PROVISIONS FOR FEMALE

Females are not to be arrested with out the presence of a female constable, and no females are to be arrested
after sundown, however there are exceptions in a few instances, inclusive of while the crime could be very
extreme and arrest is essential, then in such instances unique orders may be issued and it relies upon at the
statistics and situations of every case. They need to be housed in separate facilities or lock-ups. In addition to it,
Section 53(2) embodies the useful belief that a female medical check-up need to be carried out through a female
medical practitioner

Cases

In the case of Sheela Barse vs. State of Maharashtra (1983), the Hon’ble Supreme Court held that it is the
duty of police officers making arrests to ensure that arrested females are segregated from men and kept in
female lock-up in the police station. In the absence of separate lock-ups, the women should be kept in a separate
room.

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 CHAPTER – 7

Additional Powers Provided For Effecting Arrest in India

• Search of a place: A police officer will enter premises and conduct a hunt for the aim of
creating an arrest. The owner of the property is wrongfully tributary to furnish such officer with all
necessary amenities. If a policeman is refused such facilities or if the officer is prevented from doing his
job, or is detained on the premises, he has the proper to use force. just in case of the owner could be a
pardanashin woman, this provision additionally imposes reasonable restrictions

• Pursuit of offenders: Section 48 of the Code talks approximately the pursuit of offenders
into different jurisdictions. Pursuit of offender method pursuing a person or something, on this case, the
wrongdoer. This segment states that a police officer can also additionally pursue any character whom
he's legal to arrest into any a part of India for the motive of arresting them with out a warrant. In case of
arrest with warrant, the warrant of arrest may be completed at any place.

• Deputing Subordinate officer to arrest: Any person whoever is lawfully arrested

ought to be supplied inside composition the purpose because of his arrest, postulate any police officer
among cost regarding a cop status and someone senior policeman officer conducting an inquisition
below Chapter XII requires anybody subordinate in imitation of apprehension besides warrant. The best
cop officer can consign a written order, specifying the person in accordance with be arrested, to the base
officer. Before conducting such an arrest, the base officer must impart the person being detained over
the disposition on the discipline and, if necessary, show him the order.

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• Power to Pursue and retake, if there is an escape: In the event that a person
into legal charge escapes yet is rescued, the police officer beyond whose legal taking care the individual
escaped perform instantly chase or re-arrest him. The officer has the equal rights and obligations as like
these listed into Sections 46 then forty nine then execute fulfill such re-arrests anywhere into India. As a
result, into lawsuit about re-arresting an escaped thief, the gumshoe officer was discovered in
accordance with have no right according to shoot the thief.

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 CHAPTER-8

What Are the Rights of an Arrested Person?

Any individual must be dealt with as a human being, no matter the truth that such man or woman is a
criminal. The accused folks also are granted sure rights, the maximum simple of which might be found
withinside the Indian Constitution. The simple assumption at the back of those rights is that the authorities
has vast sources to be had to it for the prosecution of individuals, and individuals, therefore, are entitled
to a few safety from misuse of these powers via way of means of the authorities. An accused has sure
rights at some point of the direction of any investigation; enquiry or trial of offence with which he's
charged, and he must be covered towards arbitrary or unlawful arrest. Given under are some of the most
essential rights of an arrested man or woman:

1. Right to Silence

The ‘right to silence’ has been derived from common law principles. It means that normally courts or tribunals
should not conclude that the person is guilty of any conduct merely because he has not responded to questions
which were asked by the police or by the court. The Justice Malimath Committee in its report was of the opinion
that right to silence is very much needed in societies where anyone can be arbitrarily held guilty of any charge.
As per the law of evidence, any statement or confession made to a police officer is not admissible in a court of
law. Right to silence is mainly concerned about confession. The breaking of silence by the accused can be before
a magistrate but should be voluntary and without any duress or inducement. As per Article 20(3) of Constitution

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of India guarantees every person has been given a right against self-incrimination, it states that any person who
has been accused of any offence, shall not be compelled to be a witness against himself. The same was again
reiterated by a decision of Supreme Court in the case of Nandini Sathpathy v. P.L.Dani; wherein it was held
that no one can forcibly extract statements from the accused and that the accused has the right to keep silent during
the course of interrogation (investigation). The Supreme Court again in the year 2010, held that narco-analysis,
brain mapping and lie detector test are in violation of Article 20(3) of the Constitution of India.

2. Right to know the grounds of arrest

2.1) As per Section 50(1) of Cr.P.C., every person who's being arrested with the aid of using any police officer,
with none warrant, is entitled to understand the overall details of offence for which he's being arrested, and that
the police officer is responsibility certain to inform the accused such details and can not deny it. 2.2) As in keeping
with Section fifty five of Cr.P.C., while any individual is being arrested with the aid of using any police officer,
who's deputed with the aid of using a senior police officer, then such subordinate officer shall earlier than making
such arrest, notify the individual to be arrested the substance of the written order given with the aid of using the
senior police officer specifying the offence or different cause for which the arrest is to be made. If this provision
isn't complied with, then the arrest might be rendered illegal. 2.3) if the individual is being arrested below a
warrant, then as in keeping with Section 75 of Cr.P.C, any individual who's executing such warrant ought to notify
the individual to be arrested, the details of such warrant, or maybe display such warrant if needed. If the substance
of the warrant isn't notified, the arrest might be unlawful. 2.4) the Constitution of India additionally confers this
proper as one of the essential rights. Article 22(2) of the charter gives that “no individual who's arrested shall be
detained in custody with out being knowledgeable as quickly as may also be, of the grounds for such arrest nor
shall he be denied the proper to consult, and to be defended with the aid of using a legal practitioner of his choice.

3. Information Regarding The Right To Be Released On Bail

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Any person who is to be arrested without a warrant and is not accused of a nonbailable offence has to be informed
by the police officer that he is entitled to be released on bail on payment of the surety amount.[1] This helps
persons who are arrested for bailable offences and are not aware of their right to be released on bail.

4. Right To Be Taken Before A Magistrate Without Delay

Irrespective of the fact, that whether or not the arrest became made without or with a warrant, the person that is
making such arrest has to deliver the arrested individual earlier than a judicial officer with none unnecessary delay.
Further, the arrested individual has to be restricted in police station most effective and nowhere else, earlier than
taking him to the Magistrate.

These subjects had been supplied in Cr.P.C. below sections 56 and 76 which might be as given below: Section
fifty six of Cr.P.C. states that “Person arrested to be taken earlier than Magistrate or officer in rate of police
station- A police officer making an arrest with out warrant shall, with out pointless put off and challenge to the
provisions herein contained as to bail, take or send the person arrested earlier than a Magistrate having jurisdiction
in the case, or earlier than the officer in rate of a police station”. Section seventy six of Cr.P.C. states that “Person
arrested to be introduced earlier than Court with out put off- The police officer or different man or woman
executing a warrant of arrest shall (challenge to the provisions of segment 71 as to security) with out pointless
put off convey the man or woman arrested earlier than the Court earlier than which he's required with the aid of
using regulation to supply such man or woman”. Further, it's been stated withinside the proviso of Section 76 that
such put off shall not exceed 24 hours in any case. While calculating the term of 24 hours, the time important for
the adventure is to be excluded. The equal has been enumerated withinside the Constitution as a Fundamental
Right below Article 22(2). This proper has been created if you want to cast off the opportunity of police officers
from extracting confessions or compelling someone to provide information. If the police officers fails to supply
an arrested man or woman earlier than a Justice of the Peace within 24 hours of the arrest, the police officers will
be held responsible of wrongful detention.

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 5. Rights to a fair Trial

The Constitution under Article 14 guarantees the right to equality before the law. The Code of Criminal Procedure

also provides that for a trial to be fair, it must be an open court trial. This provision is designed to ensure that
convictions are not obtained in secret. In some exceptional cases the trial may be held in camera.

Right To A Speedy Trial by the Constitution of India Though this right has not been specifically mentioned in
the Constitution, however, the SC in the Hussainara Khatoon case has made it mandatory that the investigation
in the trial must be conducted “as expeditiously as possible.”

In cases, wherein the maximum punishment that can be imposed is 2 years, once the accused is arrested, the
investigation for the trial has to be completed within the period of six months or stopped on receiving an order
from the Magistrate, unless the Magistrate receives and accepts, with his reasons in writing, that there is cause
to extend the investigation.

6. Right To Consult A Legal Practitioner

Every individual who is arrested has a appropriate in accordance with seek advice from a legal practitioner of
his personal choice. This has been enshrined as like a essential correct within Article 22(1) about the
Constitution about India, as can't stay denied in some case. Section 50(3) over the Code also lays below up to
expectation the individual in opposition to to which proceedings are initiated has a correct after be stock by
means of a pleader regarding his choice. This begins namely quickly namely the individual is arrested. The
session with the lawyer may additionally lie between the appearance concerning police officer but now not
inside his hearing.

7. Rights Of Free Legal Aid

The Supreme Court among the law of among Khatri(II) v. the State about Bihar has past as the state is beneath a
constitutional obligation (implicit in Article 21) in accordance with grant broad legal aid after an indigent
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accused person as like is implicit in Article 21 about the Constitution .This appropriate does now not enter
among photo solely at the day regarding experiment however exists at the day when the accused is nee the
forward day before the magistrate, so also then remanded from time in imitation of time. The Supreme Court in
addition states that failure on the part about the ruler according to impart the accused over that appropriate
pleasure cancellation the total manner regarding trial. Therefore, a obligation is imposed concerning whole
magistrates yet courts in imitation of inform the poor accused on his correct in accordance with find fair
criminal aid. The extreme court has gone a foot in addition among Suk Das v. Union Territory over Arunachal
Pradesh, whereby such has been laid down that this constitutional appropriate can't remain denied agreement the
accused failed in imitation of appeal because it. It is colorful up to expectation until refused, dud in conformity
with furnish broad legal aid according to an indigent accused would cancel the test entailing putting apart about
the credit then sentence.

Case

In the case of Khatri v/s State Of Bihar, it was stated that if the accused person is declared indigent then the state has to
provide free legal aid services to him.

8. Right To Be Examined By A Medical Practitioner

Section 54 of Cr.P.C. enumerates this right. It states that:

Section 54 of Cr.P.C:- “Examination of arrested person by medical practitioner at the request of the arrested
person- When a person who is arrested, whether on a virtue or otherwise, alleges, at the time so she is evolved
earlier than a Magistrate yet at someone epoch at some stage in the period about his binding into anxiety to that
amount the trial regarding his body will afford proof which desire separate the commission by way of him on
any offence or as pleasure set up the fee through somebody ignoble individual over somebody offence in
opposition to his body, the Magistrate shall, if requested by the arrested character then in conformity with do
direct the examination over the body over such character through a registered medical practitioner except the
Magistrate considers so much the apply is performed because the reason about hand and lengthen or for
corrosive the ends concerning justice.”

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 CHAPTER – 9

Consequences of non-compliance with the provisions relating

to arrest

Noncompliance with provisions relating to arrest has consequences. Section 60A of the Code of Criminal
Procedure, 1973 ('CrPC'), states that an arrest must be made strictly in conformity with the Code or any other
law in existence at the time. Non-compliance with arrest provisions has the following consequences:

➢ If a police officer or other public servant with arrest authority knowingly exercises that authority in
violation of the law and makes an illegal arrest, he will be prosecuted under Section 220 of the Indian
Penal Code, 1860, which states that "whoever, while in any office which gives him legal authority to
commit persons for trial or confinement, or to keep persons in confinement, corruptly or maliciously
commits any person for trial or confinement, or keeps any person in confinement, corruptly or
maliciously commits any person

➢ Any person who illegally arrests is additionally responsible underneath Section 342 of Indian Penal
Code, 1860 which states that "whoever wrongfully confines any character shall be punished with

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 imprisonment of both description for a time period which may also prolong to one year, or with fantastic
which may additionally lengthen to one thousand rupees, or with both". Hence, that person can be tried
for wrongful confinement.

➢ Arrest is also a kind of false imprisonment, and a civil complaint for damages may be filed.

Regardless of the foregoing, a trial will not be void simply because the arrest provisions were not fulfilled.

CONCLUSION

Various sections of the Criminal Procedure Code and the Indian Constitution have been enacted to ensure
seamless operation and avoid any confusion when carrying out an arrest. As a result, several rights have been
granted to the arrested individuals in order to ensure that they are not exploited by the arresting authorities. As a
result, the law has placed a premium on both the arrested and the arrested.

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 BIBLIOGRAPHY

PRIMARY SOURCES -
• BOOKS

SECONDARY SORCES -
• INTERNET WEB SITES

➢ https://lawyersgyan.com/blog/arrest-under-code-of-criminal-procedure-crpc/

➢ https://www.studocu.com/in/document/university-of-calcutta/code-of-criminal-

procedure/arrest-under-crpc/
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➢ https://lawcorner.in/police-procedure-for-arresting-someone-in-

india/#Police_Procedure_For_Arrest_With_Or_Without_Warrant

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