Arrest Definition and Meanings
Chapter 5 of Criminal Procedure Code is defines the arrest. Sections 46 to 67 are about the arrest and how it is made.
First of all we have to define what is arrest? Arrest is not defined in Cr.P.C but we can define it as, “A persona can be said to be arrested when he is actually touched or confined by police officer or other person in accordance with law provided”.
Procedure of Arrest/How to made arrest
Under section 46 of Criminal Procedure Code, “in making the arrest police officer or any other person making the arrest shall actually touch or confine the body of persona to be arrested unless there be submission to the custody by words or action”.
Essentials of Arrest
- A police officer or an other person authorized by law can arrest
- Actual touch and confine
- Submission to the custody by words or actions
When there is resistance to arrest
The police officer or any other person authorized to arrest may use all means necessary to effect the arrest if;
- Such persona forcibly resists the Endeavour to arrest
- Attempt o evade arrest
- But he cannot cause death of such persona during arrest (except in case when person accused of an offence punishable with death or imprisonment of life).
Search for arrest
- Search of place entered by person sought to be arrested
- Procedure where ingress not obtainable
- When there are chances that accused will escape, police officer can break open any door or window of house
- Notice to ladies of house in case of ladies in house is necessary
- Power to break open doors and windows for purpose of liberation
- No unnecessary restraint to prevent this escape
- Search of arrested person
- Mode of searching women
- Power to seize offensive weapons