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The Code of Criminal Procedure, 1973
(1) Any police officer may without an order from a Magistrate and without a warrant, arrest any person- (a) who has been concerned in any cognizable offence, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been so concerned; or (b) who has in his possession without lawful excuse, the burden of proving which excuse shall lie on such person, any implement of house-breaking; or (c) who has been proclaimed as an offender either under this Code or by order of the State Government; or (d) in whose possession anything is found which may reasonably be suspected to be stolen property and who may reasonably be suspected of having committed an offence with reference to such thing; or (e) who obstructs a police officer while in the execution of his duty, or who has escaped, or attempts to escaped, from lawful custody; or (f) who is reasonably suspected of being a deserter from any of the Armed Forces of the Union; or (g) who has been concerned in, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been concerned in, any act committed at any place out of India which, if committed in India, would have been punishable as an offence, and for which he is, under any law relating to extradition, or otherwise, liable to be apprehended or detained in custody in India; or (h) who, being a released convict, commits a breach of any rule made under sub-section (5) of section 356; or (i) for whose arrest any requisition, whether written or oral, has been received from another police officer, provided that the requisition specifies the person to be arrested and the offence or other cause for which the arrest is to be made and it appears therefrom that the person might lawfully be arrested without a warrant by the officer who issued the requisition. (2) Any officer in charge of a police station may, in like manner,
arrest or cause to be arrested any person, belonging to one or more of
the categories of persons specified in section 109 or section 110. (1) When any person who, in the presence of a police officer, has committed or has been accused of committing a non-cognizable offence refuses, on demand of such officer, to give his name and residence or gives a name or residence which such officer has reason to believe to be false, he may be arrested by such officer in order that his name or residence may be ascertained. (2) When the true name and residence of such person have been ascertained, he shall be released on his executing a bond, with or without sureties, to appear before a Magistrate if so required: Provided that, if such person is not resident in India, the bond shall be secured by a surety or sureties resident in India. (3) Should the true name and residence of such person not be ascertained
within twenty-four hours from the time of arrest or should he fail to
execute the bond, or, if so required, to furnish sufficient sureties,
he shall forthwith be forwarded to the nearest Magistrate having jurisdiction. (1) Any private person may arrest or cause to be arrested any person who in his presence commits a non-bailable and cognizable offence, or any proclaimed offender, and, without unnecessary delay, shall make over or cause to be made over any person so arrested to a police officer, or, in the absence of a police officer, take such person or cause him to be taken in custody to the nearest police station. (2) If there is reason to believe that such person comes under the provisions of section 41, a police officer shall re-arrest him. (3) If there is reason to believe that he has committed a non-cognizable
offence, and he refuses on the demand of a police officer to give his
name and residence, or gives a name or residence which such officer has
reason to believe to be false, he shall be dealt with under the provisions
of section 42; but if there is no sufficient reason to believe that he
has committed any offence, he shall be at once released. (1) When any offence is committed in the presence of a Magistrate, whether Executive or Judicial, within his local jurisdiction, he may himself arrest or order any person to arrest the offender, and may thereupon, subject to the provisions herein contained as to bail, commit the offender to custody. (2) Any Magistrate, whether Executive or Judicial, may at any time
arrest or direct the arrest, in his presence, within his local jurisdiction,
of any person for whose arrest he is competent at the time and in the
circumstances to issue a warrant. (1) Notwithstanding anything contained in sections 41 to 44 (both inclusive), no member of the Armed Forces of the Union shall be arrested for anything done or purported to be done by him in the discharge of his official duties except after obtaining the consent of the Central Government. (2) The State Government may, by notification, direct that the provisions of sub-section (1) shall apply to such class or category of the members of the Force charged with the maintenance of public order as may be specified therein, wherever they may be serving, and thereupon the provisions of that sub-section shall apply as if for the expression "Central Government" occurring therein, the expression "State Government"' were substituted. STATE AMENDMENT In Assam, w.e.f. 5th June, 1980 For sub-section (2), the following sub-section shall be substituted:- "(2) The State Government may, by notification, direct that the provisions of sub-section (1) shall apply- (a) to such class or category of the members of the Forces charged with the maintenance of public order, or (b)
to such class or category of other public servants [not being persons
to whom the provisions of sub-section (1) apply] charged with the maintenance
of public order, as may be specified in notification, wherever, they
may be serving, and thereupon the provisions of that sub-section shall
apply as if for the expression "Central Government" occurring
therein, the expression "State Government" were substituted." (1) 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. (2) 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. (3) 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. (1) If any person acting under warrant of arrest, or any police officer having authority to arrest, has reason to believe that the person to be arrested has entered into, or is within, any place, any person residing in, or being in charge of, such place shall, on demand of such person acting as aforesaid or such police officer, allow him such free ingress thereto, and afford all reasonable facilities for a search therein. (2) If ingress to such place cannot be obtained under sub-section (1), it shall be lawful in any case for a person acting under a warrant and in any case in which a warrant may issue, but cannot be obtained without affording the person to be arrested an opportunity of escape, for a police officer to enter such place and search therein, and in order to effect an entrance into such place, to bleak open any outer or inner door or window of any house or place, whether that of the person to be arrested or of any other person, if after notification of his authority and purpose, and demand of admittance duly made, he cannot otherwise obtain admittance: Provided that, if any such place is an apartment in the actual occupancy of a female (not being the person to be arrested) who, according to custom, does not appear in public, such person or police officer shall, before entering such apartment, give notice to such female that she is at liberty to withdraw and shall afford her every reasonable facility for withdrawing, and may then break open the apartment and enter it. (3) Any police officer or other person authorised to make an arrest
may break open any outer or inner door or window of any house or place
in order to liberate himself or any other person who, having lawfully
entered for the purpose of making an arrest, is detained therein. A police officer may, for the purpose of arresting without warrant any
person whom he is authorised to arrest, pursue such person into any place
in India. The person arrested shall not be subjected to more restraint than is
necessary to prevent his escape. (1) Every police officer or other person arresting any person without warrant shall forthwith communicate to him full particulars of the offence for which he is arrested or other grounds for such arrest. (2) Where a police officer arrests without warrant any person other
than a person accused of a non-bailable offence, he shall inform the
person arrested that he is entitled to be released on bail and that he
may arrange for sureties on his behalf (1) Whenever a person is arrested by a police officer under a warrant which does not provide for the taking of bail, or under a warrant which provides for the taking of bail, but the person arrested cannot furnish bail, and whenever a person is arrested without warrant, or by a private person under a warrant, and cannot legally be admitted to bail, or is unable to furnish bail, the officer making the arrest or, when the arrest is made by a private person, the police officer to whom he makes over the person arrested, may search such person, and place in safe custody all articles, other than necessary wearing -apparel, found upon him and where any article is seized from the arrested person, a receipt showing the articles taken in possession by the police officer shall be given to such person. (2) Whenever it is necessary to cause a female to be searched, the
search shall be made by another female with strict regard to decency. The officer or other person making any arrest under this Code may take
from the person arrested any offensive weapons which he has about his
person, and shall deliver all weapons so taken to the Court or officer
before which or whom the officer or person making the arrest is required
by this Code to produce the person arrested. (1) When a person is arrested on a charge of committing an offence of such a nature and alleged to have been committed under such circumstances that there are reasonable grounds for believing that an examination of his person will afford evidence as to the commission of an offence, it shall be lawful for a registered medical practitioner, acting at the request of a police officer not below the rank of sub-inspector, and for any person acting in good faith in his aid and under his direction, to make such and an examination of the person arrested as is reasonably necessary in order to ascertain the facts which may afford such evidence, and to use such force as is reasonably necessary for that purpose. (2) Whenever the person of a female is to be examined under this section, the examination shall be made only by, or under the supervision of, a female registered medical practitioner. Explanation
- In this section and in section 54, "registered medical
practitioner" means a medical practitioner who possesses any recognised
medical qualification as defined in clause (h) or section 2 of the Indian
Medical Council Act, 1956 (102 of 1956), and whose name has been entered
in a State Medical Register. When a person who is arrested, whether on a charge or otherwise, alleges, at the time when he is produced before a Magistrate or at any time during the period of his detention in custody that the examination of his body will afford evidence which will disprove the commission by him of any offence or which will establish the commission by any other person of any offence against his body, the Magistrate shall, if requested by the arrested person so to do direct the examination of the body of such person by a registered medical practitioner unless the Magistrate considers that the request is made for the purpose of vexation or delay or for defeating the ends of justice. STATE AMENDMENT In Uttar Pradesh, w.e.f. 1st May, 1984 At the end of section 54, the following sentence shall be inserted: - "The registered medical practitioner shall forthwith furnish to the arrested person a copy of the report of such examination free of cost." After Section 54, the following section shall be inserted: - "54A. Test identification of the accused When
a person is arrested on a charge of committing an offence and his test
identification by any witness is considered necessary by any Court
having jurisdiction, it shall be lawful for an Executive Magistrate
acting at the instance of such Court, to hold test identification of
the person arrested." (1) When any officer in charge of a police station or any police officer making an investigation under Chapter XII requires any officer subordinate to him to arrest without a warrant (otherwise than in his presence) any person who may lawfully be arrested without a warrant, he shall deliver to the officer required to make the arrest an order in writing, specifying the person to be arrested and the offence or other cause for which the arrest is to be made and the officer so required shall, before making the arrest, notify to the person to be arrested the substance of the order and, if so required by such person, shall show him the order. (2) Nothing in sub-section (1) shall affect the power of a police officer
to arrest a person under section 41. A police officer making an arrest without warrant shall, without unnecessary
delay and subject to the provisions herein contained as to bail, take
or send the person arrested before a Magistrate having jurisdiction in
the case, or before the officer in charge of a police station. No police officer shall detain in custody a person arrested without
warrant for a longer period than under all the circumstances of the case
is reasonable, and such period shall not, in the absence of a special
order of a Magistrate under section 167, exceed twenty-four hours exclusive
of the time necessary for the journey from the place of arrest to the
Magistrate's Court. Officers in charge of police stations shall report to the District Magistrate,
or, if he so directs, to the Sub-divisional Magistrate, the cases of
all persons arrested without warrant, within the limits of their respective
stations, whether such persons have been admitted to bail or otherwise. No person who has been arrested by a police officer shall be discharged
except on his own bond, or on bail, or under the special order of a Magistrate. (1) If a person in lawful custody escapes or is rescued, the person from whose custody he escaped or was rescued may immediately pursue and arrest him in any place in India. (2) The provisions of section 47 shall apply to arrests under sub-section (1) although the person making any such arrest is not acting under a warrant and is not a police officer having authority to arrest.
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The Code of Criminal Procedure, 1973
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