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Arrest Definition

Taking a person into custody under legal authority is defined as an arrest. An arrest involves total restraint and deprivation of liberty, as opposed to wrongful confinement. The procedure for an arrest must be right, just, and fair according to the law to avoid being arbitrary, fanciful, or oppressive. The document then outlines the topics of arrest, including the meaning of arrest, when a person can be arrested with or without a warrant, warrant provisions, how arrests are made, post-arrest procedures, consequences of non-compliance with arrest provisions, and the rights of an arrested person.

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274 views2 pages

Arrest Definition

Taking a person into custody under legal authority is defined as an arrest. An arrest involves total restraint and deprivation of liberty, as opposed to wrongful confinement. The procedure for an arrest must be right, just, and fair according to the law to avoid being arbitrary, fanciful, or oppressive. The document then outlines the topics of arrest, including the meaning of arrest, when a person can be arrested with or without a warrant, warrant provisions, how arrests are made, post-arrest procedures, consequences of non-compliance with arrest provisions, and the rights of an arrested person.

Uploaded by

shweta kalyan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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ARREST

Definition-
Taking of a person in custody under legal authority as opposed to
wrongful confinement.
Every compulsion or physical restraint does not amount to Arrest .In
case of arrest restraint is total and deprivation of liberty complete.
[Article 21 – No person shall deprived of his life or personal liberty accept
according to procedure established by law .]
Procedure contemplated must be ‘ right ,just and fair ‘ , and not
arbitrary, fanciful and oppressive .

Topics of Arrest
1. Meaning of arrest
2. When person can be arrested
a. without warrant – Ss 41,41A,42 ,43, 44, 45 ,60, 60A , 151
b. with warrant
3. Warrant of Arrest provisions - Chapter 6
4. How arrests are made Ss 41B, 46-49 ,55
5. Post-arrest Procedure Ss 41C , 50 , 50 A , 51 , 52, 53A, 54A, 56
, 58, 59,
6. Rights of Arrested person [ see details after topic 7]
7. Consequences of non – compliance of arrest provisions. [including
Illegal arrest]
A. Informal detention or restraint of any kind by police is not
authorised by law [60A]
B. Liability for illegal detention –
a). u/ss 220 and 342 of I.P.C. including compensation u/s 358
of Cr.P.C
b).Compensation by state for tortious liability
C. petition of Habeas Corpus would lie against such arrest.
D. Neither resistance nor obstruction or escape or rescue from
Illegal custody is an offence.ie. Ss 224, 225B of I.P.C. will not
apply .Infact right of private defence under limits of S 99 of I.P.C.
exists.
E. But trial will not be void . [ Except incase of not providing free
legal aid to indigent person .]

Rights of Arrested person


1. Right to know ground of arrest 22 [1] , Ss 50 [1],75.
2. Relative or friend to be informed [ attestation to be taken from that
relative or friend or respectable neighbour ] S 50A, 41B .
3. If arrest is for bailable offence then information regarding right to
bail should be given S 50[2].
4. Right to be produce before Magistrate with in 24 hours of arrest
article 22[2], Ss 56, 57, 76, 167.
5. A. Right to health Ss 55A
B. Right to be examined by medical practitioner S 54
6. Right to have advocate of choice article 22[1] , S 41D , S 303.
7. Legal Aid at State expense Article 21 S 304.

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