THE LAW OF ARREST IN INDIA

Chapter five of the Code of Criminal Procedure, 1973 deals with the arresting of persons. Section 41 is the most important section which provides for situations as to when can the Police arrest a person without warrant.


Section 42 gives another situation where a police officer can arrest a person. If a person has committed an offence in the presence of a police officer, or where he is accused of committing a non-cognizable offence and in such a situation he refuses to give his name and residence on being asked by the police officer, or he gives false name or residence, then in such cases the police can arrest him without warrant. But the purpose of arrest shall solely be for determining the exact details of the wrong doer. These details will include his name and address.


After the personal details have been ascertained, the police shall release him on executing, either with or without sureties. Such bond shall be for him to appear before the Magistrate, if required.


In case the name and residence of such person cannot be ascertained within 24 hours from the date of arrest or if such person fails to execute a bond as required, he shall be forwarded to the nearest magistrate having jurisdiction.


Being a citizen of India, it is important to know about the law relating to arrest of a person. Hence, we will be discussing about the procedural aspects of Arrest.

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