Provisions relating to Arrest 2020

S.S. JAIN SUBODH LAW COLLEGE

PROVISIONS RELATING ARREST

SUBMITTED TO SUBMITTED BY

MR. ZEESHAN HASHMI VAIBHAV SHARMA

ASSISTANT PROFESSOR OF LAW 9TH SEMESTER (SEC–B)

i
 Provisions relating to Arrest 2020

DECLARATION

I, Vaibhav Sharma, do hereby declare that, this research project titled ‘Provisions relating Arrest’ is
an outcome of the research conducted by me under the guidance of Mr. Zeeshan Hashmi (Assistant
Professor of Law) at S.S. Jain Subodh Law College in fulfilment for the award of the degree of
B.A.LL.B. at the University of Rajasthan.
I also declare that, this work has taken assistance from other sources and necessary
acknowledgements for the same have been made at appropriate places.
I further declare that, this work has not been submitted either in whole or in part, for any degree or
equivalent in any other institution.

01-04-21
Vaibhav Sharma
S.S. Jain Subodh Law College

ii
 Provisions relating to Arrest 2020

CERTIFICATE

This is to certify that the research project titled ‘Provisions relating Arrest’ submitted by Vaibhav
Sharma in fulfilment for the award of the degree of B.A.LL.B from Rajasthan University at S.S. Jain
Subodh Law College is the product of research carried out under my guidance and supervision.

Mr. Zeeshan Hashmi

Assistant Professor of Law
S.S. Jain Subodh Law College

iii
 Provisions relating to Arrest 2020

ACKNOWLEDGEMENT

I acknowledge with profundity, my obligation to Almighty God and my parents for giving me the
grace to accomplish my work, without which this project would not have been possible.
I express my heartfelt gratitude to my respected faculty Mr. Zeeshan Hashmi (Assistant Professor of
Law) for providing me with valuable suggestions to complete this research project.
I am especially grateful to all my faculty members at S.S. Jain Subodh Law College who have helped
me imbibe the basic research and writing skills.
Lastly, I take upon myself, the drawbacks and limitations of this study, if any.

01-04-2120
Vaibhav Sharma

S.S. Jain Subodh Law College

iv
 Provisions relating to Arrest 2020

TABLE OF CONTENTS

Declaration…………………………………………………………………………………….i

Acknowledgement…………………………………………………………………………….ii

Table of Contents…………………………………………………………………………….iii

Aims and Objectives……………………………………………………………………….…iv

Hypothesis.................................................................................................................................i

Research Methodology……………………………………………………………………….iv

Review of Literature………………………………………………………………………….iv

Sources of

Data.........................................................................................................................iv

Style of Writing..........................................................................................................................v

Mode of Citation........................................................................................................................v

Method of Data Collection........................................................................................................v

Limitation of Research..............................................................................................................v

Scope of

Research......................................................................................................................v

1. Introduction………………………………………………………………………….1-3

2. Laws Relating to Arrest Under CrPC…………………………………………….....4-9

3. Why the Need of Amendment to CrOC?………………………………….....….10-13

4. Amendments Relating to Laws of Arrest: An Overview………………………...14-18

5. Analysis of Amendments by Various Case Laws………………………………...19-20

6. Conclusion………………………………………………………………………..21-22

v
 Provisions relating to Arrest 2020

Bibliography……………………………………………………………………...……….…23

AIMS AND OBJECTIVES

With this project the researcher intends to:

1. To study the laws relating to arrest.
2. To study the amendments in the laws relating to arrest.
3. To study the rights of arrested persons before and after the arrest.

HYPOTHESIS

The Researcher has formulated the following hypothesis, the validity of which will be tested
in the course of Research work:
1. Law of Arrest under CrPC needs no amendment.
2. Arrest provisions are dynamic in nature.

RESEARCH METHODOLOGY

The researcher has used the doctrinal method of research in the completion of this project on
“AN ANALYSIS OF THE AMENDMENTS OF THE LAW RELATING TO ARREST.”
The sources are mentioned in the review of literature.

REVIEW OF LITERATURE

The researcher intends to examine the secondary sources in thus project. The secondary
sources include books, websites, photographs, articles, e-articles and reports in appropriate
form, essential for this study.

SOURCES OF DATA

vi
 Provisions relating to Arrest 2020

The researcher will rely upon primary and secondary sources of data.
These include:-
i. Primary Sources- Code of Criminal Procedure, 1973, Constitution of India, 1950,
Indian Penal Code, 1860.
ii. Secondary Sources- Books, articles and cases.

STYLE OF WRITING

The researcher will be using both analytical and descriptive styles of writing.

MODE OF CITATION

The researcher will be using a uniform mode of citation throughout this paper.

METHOD OF DATA COLLECTION

The researcher will make use of doctrinal methods that includes within its ambit the library
work.

LIMITATION OF RESEARCH

The researcher has undergone time and monetary limitation.

SCOPE OF RESEARCH

This piece of study would be very helpful for the lawmakers as it would explicitly state about
its utility in the present context. If found of not much relevance there is an urgent need to
either amend or repeal it. Law exists to sub serve social needs and therefore it is desirable that
it should change with the changing needs of society and life otherwise its results would be
contrary to the general belief ‘Law Is Dynamic’.

vii
 INTRODUCTION

The term “Arrest” means apprehension of a person by legal authority so as to cause

deprivation of his liberty. Thus, after arrest, a person’s liberty is in control of the arrester. 1 In
criminal law, arrest is an important tool for bringing an accused before the court and to prevent him
from absconding.
As per Legal Dictionary by Farlex, “Arrest” means “a seizure or forcible restraint; an
exercise of the power to deprive a person of his or her liberty; the taking or keeping of a
person in custody by legal authority, especially, in response to a criminal charge.”2
The purpose of an arrest is to bring the arrestee before a court or otherwise to secure the
administration of the law. An arrest also serves the function of notifying the community that
an individual has been accused of a crime and also may admonish and deter the arrested
individual from committing other crimes.3
Arrests can be made in both criminal and civil cases, although in civil matters, arrest is a
drastic measure which is not looked upon with favour by the courts.
In Indian law, Criminal Procedural Code 1973 (hereinafter referred to as CrPC), the chapter
V (Section 41 to 60) talk about Arrest of a person but it does not define arrest anywhere.
Arrest can be made by police officer, Magistrate or any private person, like you or me can
also arrest a person but that can made only in accordance with the legal provisions mentioned
in CrPC. CrPC exempts the members of Armed forces from being arrested for anything done
by them in discharge of their official duties except after obtaining the consent of the
government (section 45 CrPC).
Section 46 CrPC describes the way in which an arrest is actually made. As per Section
46(1), unless the person being arrested consents to the submission to custody by words or
actions, the arrester shall actually touch or confine the body of the person to be arrested.
Since arrest is a restraint on the liberty of the person, it is necessary for the person being
arrested to either submit to custody or the arrester must touch and confine his body. Mere oral
declaration of arrest by the arrester without getting submission to custody or physical
touching to confine the body will not amount to arrest. The submission to custody may be by
express words or by action.

1
http://hanumant.com/CrPC-Unit2-Arrest.html
2
https://lawlex.org/lex-bulletin/rights-of-arrested-person/4320
3
Ibid.

1|Page
It was held in the case of  Bharosa Ramdayal vs Emperor4, if a person makes a statement to
the police accusing himself of committing an offence, he would be considered to have
submitted to the custody of the police officer. Similarly, if the accused proceeds towards the
police station as directed by the police officer, he has submitted to the custody. In such cases,
physical contact is not required.
In case of Birendra Kumar Rai vs Union of India 5, it was held that arrest need not be by
handcuffing the person, and it can also be complete by spoken words if the person submits to
custody.
Section 46(2) provides that if any person forcibly resists the endeavor to arrest him, or
attempts to evade the arrest, such police officer or other person may use all means necessary
to effect the arrest. Thus, if the person tries to run away, the police officer can take actions to
prevent his escape and in doing so, he can use physical force to immobilize the accused.
However, as per Section 46(3), there is no right to cause the death of the person who is not
accused of an offence punishable with death or with imprisonment for life, while arresting
that person. Further, as per Section 49, an arrested person must not be subjected to more
restraint than is necessary to prevent him from escaping.
Due to concerns of violation of the rights of women, a new provision was inserted in Section
46(4) that forbids the arrest of women after sunset and before sunrise, except in exceptional
circumstances, in which case the arrest can be done by a woman police officer after making a
written report and obtaining a prior permission from the concerned Judicial Magistrate of
First class.
In Kultej Singh vs Circle Inspector of Police 6, it was held that keeping a person in the
police station or confining the movement of the person in the precincts of the police station
amounts to arrest of the person.
Section 41A deals with cases not covered under Section 41 (1), wherein a police officer is
directed to issue a notice and not to make an arrest unless the noticee after receiving notice
does not comply with the terms of notice or complies once and then flouts it subsequently. If
the notice complies with terms of notice, he may only be arrested for the offence concerned
for reasons to be recorded in writing by the police officer.
Section 41B directs the conducts of Police officers while making and arrest. It directs them to
ensure that while making an arrest they bear an accurate, clear & visible identification of his

4
AIR 1941 Nag 86 (B)
5
AIR 1992 All 151, 1992 CriLJ 1436
6
ILR 1991 KAR 3198, 1991 (4) KarLJ 358

2|Page
name for the purposes of easy identification, prepare an arrest memo attested by either a
family member of arrestee or a respectable member of society and countersigned by the
arrestee himself. The arrestee is also to be informed of his right to have a relative or a friend
of his informed of his arrest, if arrest memo is not attested by his family member.
The Code of Criminal Procedure (Amendment) Bill, 2005, to quote the Home Minister,
would make the law more humane, more scientific and more effective. However, after the
Act got the Presidential assent, the implementation of these amendments have been deferred
indefinitely by the Government amidst nationwide protests by lawyers and objections by the
Bar Council of India against some of the provisions, which according to them, adversely
affects the interests of the accused. The lawyers have protested against provisions like the
ones that provide for prompt arrest of an accused after rejection of his anticipatory bail,
confiscation of the property of an accused who has repeatedly evaded court process and the
powers of a Magistrate to recommend to the prosecution to file an appeal in a criminal case
even if the offence is not of a serious nature, even though in our country, jumping bails,
evading trial by not appearing before the court and ineffectual prosecution is the norm!

3|Page
 LAWS RELATING TO ARREST UNDER CRPC

The word, ‘arrest’ has not been defined in an enactment dealing with the offences including
the Code of Criminal Procedure and the Indian Penal Code. It is a word derived from the
French word ‘Arreter’ which means to stop or stay. We can say that the arrest is physically
restraining a person by the person authorized by law or the Court of Law. The Constitution of
India guarantees every citizen the right of liberty. As such liberty is a fundamental right of
Human Being; it shall not be curtailed without the due procedures established by law.
Section 41 to 60 of CrPC deal with various provisions regarding the arrest. Section 41
provides for the situations when the police may arrest without warrant. This section gives
wide power to the police officer to make an arrest without an order from the magistrate and
without warrant only in circumstances limited by the provisions contained in the Section, and
it is necessary in exercising such large powers to be cautious and circumspect. What is a
reasonable complaint or suspicion must depend on the circumstances of each particular case,
but it must be at least founded or some definite fact tending to throw suspicion on the person
arrested, and not a mere vague surmise or information.
Arrest can be made by police officer, Magistrate or any private person, like you or me can
also arrest a person but that can made only in accordance with the legal provisions mentioned
in CrPC. CrPC exempts the members of Armed forces from being arrested for anything done
by them in discharge of their official duties except after obtaining the consent of the
government (section 45 CrPC).7

7
45. Protection of members of the Armed Forces from arrest.
(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.

4|Page
According to section 438of 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 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.
According to section 449of 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.
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

8
43. Arrest by private person and procedure on such arrest.
(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.
9
44. Arrest by Magistrate.
(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.

5|Page
 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.10
As held in the case of Swami Hariharanand Saraswati vs Jailer I/C Dist. Varanasi11, 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 UP12, 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 Bhera13, 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.
CrPC gives wide powers to the police for arresting a person. Such powers without
appropriate safeguards for the arrested person will be harmful for the society. To ensure that
this power is not used arbitrarily, several restraints have been put on it, which, indirectly, can
be seen as recognition of the rights of a person being arrested. Further, once arrested, a
person is already at a disadvantage because of his lack of freedom and so he cannot take
appropriate steps to defend himself. Thus, to meet the needs of “fair trial”, several provisions
are given in CrPC, that give specific rights to an arrested person. These rights can be
described as follows –

10
http://www.caclubindia.com/forum/the-code-of-criminal-procedure-arrest-and-bail-185533.asp
11
1954 CriLJ 1317
12
1994 AIR 1349 1994 SCC (4) 260 JT 1994 (3) 423 1994 SCALE (2)662
13
1997 CriLJ 1237

6|Page
 1. Right to be informed of the grounds of arrest under Section 50 of CrPc and Article 22
of Indian Constitution, it is a fundamental right to be informed. It is the duty of the
police officer to inform you and also tell whether the offense is bailable or non-
bailable. Normally, Bailable offenses are those where bailable can be granted and it is
right of the person to be granted bail and Non- bailable offenses are where bail can’t
be granted generally and it’s the discretion of the court. In Harikishan vs State of
Maharashtra14, SC held that the grounds of arrest must be communicated to the person
in the language that he understands otherwise it would not amount to sufficient
compliance of the constitutional requirement.
2. In non-cognizable cases, arrests are made with a warrant and the person going to be
arrested has a right to see the warrant under Section 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 the seal of the court, Name and address of the
accused and offense under which arrest is made. If any of these is missing, the
warrant is illegal.
3. Under Section 41, police have the power to arrest a person without a warrant for a
prompt and immediate arrest is needed, no time to approach magistrate and obtain a
warrant for example in a case where a serious crime 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 exists of cognizable offence and if concerned person
continues to comply with such notice and appears, then arrest is not necessary but he
if he doesn’t, then arrest can be made.
4. 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 an arrest is made (ii) countersigned by arrested person.
5. Right of arrested person to meet an advocate of his choice during interrogation under
Section 41D and Section 303 In Khatri (II) vs State of Bihar 15, Supreme Court has
also held that access to a legal practitioner is implicit in Article 21, which gives
fundamental right to life and liberty. The state is under constitutional mandate to

14
(1962) 64 BOMLR 522
15
1981 SCR (2) 408 1981 SCC (1) 627

7|Page
 provide free legal aid to an indigent accused person and this constitutional obligation
arises not only when the trial is commenced but also when the person is first produced
before a magistrate and also when he is remanded from time to time. In Suk Das vs
Union Territory of Arunachal Pradesh16, SC has held that non-compliance of this
requirement or failure to inform the accused of this right would vitiate the trial
entailing setting aside of the conviction and sentence. The right of an accused person
to consult his lawyer begins from the moment of his arrest. The consultation with the
lawyer may be within the presence of a police officer but not within the police
officer’s hearing. SC also held that it is the duty on all courts and magistrates to
inform the indigent person about his right to get free legal aid.
6. An arrested person has a right to inform a family member, relative or friend about his
arrest under Section 50 of CrPC.
7. 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
a fundamental right under Article 22 of the Indian constitution and under Sections 57
and 72 of CrPC. In Khatri (II) vs State of Bihar 17, SC has strongly urged upon the
State and its police to ensure that this constitutional and legal requirement of bringing
an arrested person before a judicial magistrate within 24 hours be scrupulously met.
This is a healthy provision that allows magistrates to keep a check on the police
investigation. It is necessary that the magistrates should try to enforce this
requirement and when they find it disobeyed, they should come heavily upon the
police. Further, in Sharifbai vs Abdul Razak,18, SC held that if a police officer fails to
produce an arrested person before a magistrate within 24 hours, he shall be held guilty
of wrongful detention.
8. An arrested person has the right to be medically examined (Sections 54,55A).
9. An arrested person has a right to remain silent under Article 20(3) of Indian
constitution so that police can’t extract self – incriminating statement from a person
without a will or without his consent.
As held in the case of State of Maharashtra vs. Christian Community Welfare Council of
India,19 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 exceptions in some cases,
16
1986 SCC (2) 401 1986 SCALE (1)368
17
Supra 15
18
AIR 1961 Bom 42
19
(2003) 8 SCC 546

8|Page
where crime is very serious and arrest is important then the 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.
In general, non-compliance does not void a trial. Just because any provision relating to arrest
was not complied with does not affect the liability of accused. However, the violation will be
material in case the accused is prosecuted on the charge of resistance to or escape from lawful
custody.
Further, everybody has a right to defend himself against unlawful arrest and a person can
exercise this right under Section 96 to 106 of IPC and he will not be liable for any injury
caused due to it. Also, a person who is making an illegal arrest is guilty of wrongful
confinement and also exposes himself to damages in a civil suit.
If a person who has an authority to arrest, arrests a person with full knowledge that the arrest
is illegal, he will be liable to be prosecuted under Section 220 of IPC. Similarly, any private
person who does not have an authority to arrest, arrests a person with full knowledge that the
arrest is illegal, can be prosecuted under Section 342 of IPC for wrongful confinement.
A person making illegal arrest also exposes himself to civil suit for damages for false
imprisonment.
Also, informal detention or restraint of any kind by the police is not authorized by law.20

20
Supra 1

9|Page
 CONCLUSION

This term “Arrest” is very common term that we pick up a lot in our day today life. Normally,
we see a person, who do or have done something against the law, get arrested. Generally, the
term “arrest” in its ordinary sense, means the apprehension or restraint or the deprivation of
one’s personal liberty. Let’s understand this term in Indian law, Criminal procedure Code,
1973 in its chapter V (section 41 to 60) deals with Arrest of a person. Ironically, Code has not
defined the term “Arrest”. Every deprivation of liberty or physical restraint is not arrest. Only
the deprivation of liberty by legal authority or at least by apparent legal authority, in a
professionally competent and adept manner amounts to arrest. Thus, we can say arrest means
‘apprehension of a person by legal authority resulting in deprivation of his liberty’. An arrest
consists of taking into custody of another person under authority empowered by law for the
purpose of holding or detaining him to answer a criminal charge and preventing the
commission of a criminal offence. However, a person against whom no accusation of crime
has been made may be arrested /detained under a statute for certain purposes like removal in
safe custody from one place to another, for example – removal of a minor girl from a brothel.
One thing to be noted that ‘custody’ and ‘arrest’ don’t have same meaning. Taking of a
person into judicial custody is followed after the arrest of the person by Magistrate on
appearance or surrender. In every arrest there is custody but not vice versa. Thus, mere taking
into custody of a person an authority empowered to arrest may not necessarily amount to
arrest. This code propose two types of arrests: (i) arrest made in pursuance of a warrant
issued by a magistrate (ii) arrest made without such a warrant but made in accidence with
some legal provision permitting such arrest.
Up to now we tried to understand the term “Arrest”, procedure of arrest, rights of the arrested
person and related case laws to the topics. Above mentioned each case has its own
significance. By going through Law Commission paper on Law of arrest, by we can read with
data’s that how power of arrest is being misused and more because of unawareness of people
about their right. We somehow console ourselves that these protectors of law and order must
be doing right but we have hundreds of cases where we witnessed of this power being
misused. These report shows high percentages of arrests are made even in bailable offences,
bails are not granted to those where getting bail is one’s right. Increasing percentage of no.
of under trial prisoners in jails, we can deal with the plight of this topic separately. Arrest has
a diminishing and demoralizing effect on the personality. He is outraged, alienated and

10 | P a g e
becomes hostile. But there need to be balance between security of state on one hand and
individual freedom on other hand. There need to be some checks on this power and more
awareness need to be created among the peoples about their rights, so that balance system can
be form.

11 | P a g e
 BIBLIOGRAPHY

STATUTES
1. The Code of Criminal Procedure, 1973
2. The Indian Penal Code, 1860

BOOKS
1. Ratanlal and Dhirajlal’s the Code of Criminal Procedure - As amended by the
Criminal Law (Amendment) Act, 2013, Lexis Nexis; Twenty Second 2017 edition (9
May 2017)
2. Sudipto Sarkar and VR Manohar, The Code of Criminal Procedure, LexisNexis; 10th
edition (1 June 2013)
3. Rega Surya Rao, Lectures on Criminal Procedure Code, Asia Law house; 2 nd edition
(2018)
4. RV Kelakar, RV Kelakar’s Criminal Procedures, Eastern Book Company; sixth
edition edition (2016)

WEBSITES
1. http://www.neerajaarora.com/the-recent-amendments-to-the-crpc-diluting-the-power-
to-arrest-%E2%80%93cheers-to-criminals/
2. http://lawcommissionofindia.nic.in/reports/Report268.pdf
3. https://www.lawctopus.com/academike/analysis-amendments-section-104-customs-
act-1962/
4. https://www.lawctopus.com/academike/laws-of-custody-in-india-an-analysis-of-
section-167-of-the-code-of-criminal-procedure/
5. http://shodhganga.inflibnet.ac.in/bitstream/10603/8652/12/12_chapter%204.pdf
6. https://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?
article=5188&context=jclc

12 | P a g e