Introduction:

It is important to note that section 2(x) defines warrant-case as the cases except the summons-case. Summons case is the one which has the punishment of imprisonment 2 years or less. All others are considered to warrant cases and require the warrant from the authority. So, before looking into the procedure of arrest, it is important to understand what a warrant case is and what a cognizable and non-cognizable offence is.

Generally, arrest either requires a warrant/ order from the magistrate, or without a warrant/ without the order of the magistrate. The police officer who has control over the police station in the respective jurisdiction has the power to arrest. But, as per the definition of cognizable offences, the police officer can arrest the person without a warrant, whereas it is also important to note that as per non-cognizable offences, the police will have no authority to arrest without a warrant.

The arrest of Persons:

Chapter V of the Criminal Procedure code extensively deals with the provisions relating to the Arrest of persons. Sections 41 to 60A under chapter five provides for the procedure, rights and duties of person arresting and the arrested, the power of various officials to arrest the accused as per the code etc.

Section 41 of the Criminal Procedure Code gives power to the police officer to arrest a person without a warrant and order from the magistrate. In other words, it talks about the procedure in the case of non-cognizable offences. This section basically provides the powers to the police officer but at the same time, it is subject to other provisions of the act. The power to arrest is also confined to suspects or accused persons. It is not limited by section 55, which requires the order in case of arrest without a warrant.

Apart from that, subsection 3 states that mere likelihood of committal of cognizable offence in future is not enough to arrest a person whereas it also requires clear facts and evidence referred clearly by the police officer before his actions. In case of arrest of a woman under this section, the authority that is arresting should make sure that there are women constables for the same.

Section 41A insists and vests a duty upon the police officer or the person who arrests the person, to direct a notice towards the person who should be arrested in case of cognizable offences under section 41. The notice should contain the details of the place of appearance. In case of failure of this procedure, the court would treat the same as a violation of article 21 and will make the officials pay compensation.

Procedure and duties under of Criminal Procedure code, 1973:

Sections 41B, 50A and 54 altogether lay down the regulations for the procedure to arrest a person and some of his rights while arresting.

Section 41B of CrPC gives the exact procedure and the duties that have to be fulfilled by the officer making the arrest. It states that every police officer while making the arrest shall

• Bear the accurate, visible and clear identification of his name which will enable easier identification.
• Should prepare a separate memo of arrest which shall contain at least one witness, who can either be the family members or any local person of a locality where the arrest takes place, and it should also contain the signature made by the person arrested.
• The arrest should be informed to any person of his/her relative or any other person such as relative or friend who has been named by him to be informed of the arrest.

Section 50A insists any police officer provide the information regarding the arrest of the person and the place of such arrest to his/her friends, relatives or any person nominated by him to get notified of such notification.

Section 54 of the code makes it mandatory for the state to make the medical examination of the arrested person once he is arrested by the medical officer in the service of central or state government and the case of absence of any of such medical officer; it has to be done by the medical practitioner.

This section made it mandatory through the amendment act, 2008 and before it was the duty of the magistrate to basically inform the arrested person of his right of medical examination.

Section 43:

Section 43 of the code deals with the arrest undertaken by a private person and the relevant procedure for such arrest. It states that any private person is entitled to arrest any other person who he/she thinks has committed a non-bailable and cognizable offence. Once the arrests such a person, he must take such person to the police officer or cause him to be taken to the near police station. In case the person has to be arrested as per section 41, then it is the duty of the police officer to rearrest him if that police officer thinks that the individual has committed a non-cognizable offence. Then he is required to go as per procedure under section 41. If he finds the contrary, then he can let at liberty.

Section 46 of the code deals with the mode through which the arrest has to take place. In general, the arrest would undermine the person’s liberty as it restrains that individual from liberty. But, the mode as per section 46 suggests that arrest under CrPC should take the custody of another person under the provisions of law for the objective of detaining him from committing an offence further.

Right of Arrested person to be informed of grounds:

Section 50 has its source in Article 22 of the Indian constitution and gives a constitutional right of being informed of the grounds on which he/she was arrested by the police or other authority. Two points that the section gives are,

• The person arrested should be informed of all the particulars of the offence and the grounds for such arrest.
• Secondly, where the offence is bailable, they let him be at liberty through bail.