New Delhi :- If a crime has happened, or the police can arrest on the basis of suspicion, then how will the arrest be made, this article will understand from the definitions of the law. What are the duties of the police officer who is making the arrest and what are the rights of the person who has been arrested.

  • The provisions of the Indian Criminal Procedure Code 1974 lay down how the arrest should be made in accordance with the law, Section 46 of the Code of Criminal Procedure provides for arrest that when a person is arrested, the police officer making the arrest What are the duties and rights of the person to be arrested and the manner in which the police officer will arrest the person.
  • 1- The arrest of a person is made by the person arresting the body of the person by touching the object or by confining that person.
  • 2- If a woman is arrested, her surrender to custody shall be presumed on oral information in the arrest, unless the police officer is a woman. The male officer shall not arrest the accused woman.
  • 3-If the accused of any offense tries to use any kind of force to evade arrest or attempts to escape, the police officer may use the means necessary to make the arrest.
  • No woman shall be arrested after sunset and before sunrise unless the circumstances are unreasonable.
  • 5-Any police officer can arrest an accused by stalking all over India.
  • 6- If an accused escapes from police custody or is somehow freed, then such person can be arrested from anywhere, no warrant is needed to arrest him.
  • 7-The handcuffs should not be used for the prisoners to go from jail to court or to come back if the case is not a serious offence.
  • The Supreme Court has also clarified that if the above guidelines are not followed, the police officer will not only be liable for departmental proceedings but can also be punished for contempt of court.
  • Guidelines given to the police in the main case
  • In the case of Dileep K Basu vs State of West Bengal AIR 1997 SC, the Supreme Court has issued minimum protective guidelines regarding arrest and detention of persons.
  • The police officer has to wear clothes with his designation and clear name and identity.
  • The Inquiry Officer has to record the details of the inquiry in a register.
  • A memorandum of arrest will be prepared and the memorandum will be signed by the family member of the person to be arrested. If no family member is present, the signature of the person responsible for that area will be taken.
  • The place and time of arrest of the arrested person will have to be communicated to his relative.
  • A police diary shall be maintained in the police station where the arrested person is kept, the name of the person to whom the information of the arrested person has been given along with the particulars of the police officers by whom the arrest has been made.
  • On the request of the arrested person, his medical examination will be done, if that person has any injury or wounds on his body, then his inspection memorandum will have the signature of the police officer and the arrested person.
  • Documents related to the arrest of the arrested person will be sent to the Magistrate of the area for his record.
  • The arrested person has the right to meet his lawyer during the detention.
  • Police control room will be set up by each district headquarters.

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