This article is written by shubham chand Mulund college of commerce,T.Y.B.com during his internship with LeDroit India.
INTRODUCTION TO CRPC
- The Code of Criminal Procedure commonly called Criminal Procedure Code (CrPC) is the main legislation on procedure for administration of substantive criminal law in India.
- It was enacted in 1973 and came into force on 1 April 1974.
- The main aim of this code is to provide an opportunity for a fair trial to the accused person according to the principle of natural justice. To ensure a fair trial for both the accused and the victim without curtailing anyone’s rights.
- The term Arrest means taking into the custody of another person under the authority of la
WHY Arrest is Made?
- To secure the presence and attendance of the accused during the trial.
- To obtain the correct name, address and details of the accused.
- The arrest is also made as a preventive measure.
- To retake a person in lawful custody who has or who has tried, to escape.
- To remove obstructions and hindrances in an investigation by police.
- To secure a free and fair trial and eradicate chances of evidence tampering.
- Types of Arrest:
Two codes are followed to arrest an individual. They are as follows:
- An arrest made in pursuance of a warrant issued by a Magistrate.
- An arrest made without a warrant but with a legal provision permitting the detention.
- Arrest without warrant :
Section 41 enumerates the different categories of cases in which an officer of the Police Department may arrest an individual without an order from a Magistrate and a warrant. These include the following:
- A person who has been concerned with and in any cognizable offence or against whom a reasonable complaint has been filed, or credible information has been received, or a reasonable suspicion surrounds the person, of his having been so concerned.
- A person who has an item in his possession without any lawful excuse, the burden of proving which excuse shall lie on such a person, any implement of housebreaking.
- A person who has been proclaimed as an offender either under the Code or by order of the State Government.
- A person who is in possession of anything that may reasonably be suspected to be stolen property and a person who may be reasonably be suspected of having committed an offence with a reference of such a thing.
- A person who obstructs the functioning of a police officer while in the execution of his duty, or who have escaped, or attempts to escape, from lawful custody.
- An individual who is reasonably suspected of being a deserter from any of the Armed Forces of the Union.
- A person who has been involved in, or against whom a reasonable complaint has been made, or credible information has been obtained, or a reasonable suspicion exists, of his having been involved in, any act committed at any country or a place out of India which, if done in India, would have been considered and punishable as an offence, and for which he is, under any law concerned to extradition, or otherwise, liable to be apprehended or detained in custody in India.
- A person who was a released convict and commits a breach of any rule, relating to the notification of the residence or change of or absence from the place of residence.
- A person for whose arrest any requisition, regardless of being written or oral, has been received from another officer, provided that the order specifies the individual to be arrested and the crime or other causes for which the detainment is to be done, and it appears therefrom that the individual might lawfully be arrested without a warrant by the officer who issued the requisition.
- How Arrest is made under CRPC,1973.:
According to Section 46 of CrPC, 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. 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. There are some exceptional circumstances, 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.
- Special protection to female in case of arrest:
The Code of Criminal Procedure (Amendment Act) 2005 has added a new sub-section (4) in Section 46 of Code, the standard rule is that women are not to be arrested without the presence of a lady constable. It is also stated that no woman is to be arrested after sunset unless in certain exemptions. These exemptions include crimes that are extremely serious and an arrest is essential and can be executed under special orders. Separate lock up rooms are to be provided for females in police stations. Section 53(2) of the Criminal Procedure Code states that it is a salutary principle that a medical examination of the arrested female to be conducted by a female medical practitioner.
- Conclusion :
The object of arrest is to restrain the movement of the accused person and to ensure his presence during trial along with his availability at the time of sentencing.. The object of arrest is to restrain the movement of the accused person and to ensure his presence during trial along with his availability at the time of sentencing.
Case Law
D.K. Basu v. State of West Bengal.
The Supreme Court of India sets specific requirements and procedures that the police and other agencies have to follow for the arrest, detention and interrogation of any person. These are known as the D.K. Basu Guidelines and these include:
• The police officials who carry out the arrest or interrogation should wear clear, accurate and visible identification and name tags with their designations
• A memo of arrest should be prepared at the time of arrest and should include the time and date of arrest. It should also be attested by at least one witness who could include a family member of the person arrested. The arrest memo should be countersigned by the person arrested.
• The person arrested, detained or being interrogated has a right to inform a relative, friend or a well wisher.
• When a friend or relative lives outside the district, the time, place of arrest and venue of custody must be notified by police within 8 to 12 hours after arrest.
