Lawgist46Arrest how made
(1) In making an arrest the police officer or other person making the same shall actually touch or confine the body of the person to be arrested, unless there be a submission to the custody by word or action:
1[Provided that where a woman is to be arrested, unless the circumstances indicate to the contrary, her submission to custody on an oral intimation of arrest shall be presumed and, unless the circumstances otherwise require or unless the police officer is a female, the police officer shall not touch the person of the woman for making her arrest.]
(2) If such person forcibly resists the endeavour to arrest him, or attempts to evade the arrest, such police officer or other person may use all means necessary to effect the arrest.
(3) Nothing in this section gives a right to cause the death of a person who is not accused of an offence punishable with death or with imprisonment for life.
2[(4) Save in exceptional circumstances, no woman shall be arrested after sunset and before sunrise, and where such exceptional circumstances exist, the woman police officer shall, by making a written report, obtain the prior permission of the Judicial Magistrate of the first class within whose local jurisdiction the offence is committed or the arrest is to be made.]
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1. Ins. by Act 5 of 2009, s.7 (w.e.f. 31-12-2009).
2. Ins. by Act 25 of 2005, s. 6 (w.e.f. 23-6-2006).
- 41 When police may arrest without warrant
- 41A Notice of appearance before police officer
- 41B Procedure of arrest and duties of officer making arrest
- 41C Control room at districts
- 41D Right of arrested person to meet an advocate of his choice during interrogation
- 42 Arrest on refusal to give name and residence
- 43 Arrest by private person and procedure on such arrest
- 44 Arrest by Magistrate
- 45 Protection of members of the Armed Forces from arrest
- 46 Arrest how made
- 47 Search of place entered by person sought to be arrested
- 48 Pursuit of offenders into other jurisdictions
- 49 No unnecessary restraint
- 50 Person arrested to be informed of grounds of arrest and of right to bail
- 50A Obligation of person making arrest to inform about the arrest, etc., to a nominated person
- 51 Search of arrested person
- 52 Power to seize offensive weapons
- 53 Examination of accused by medical practitioner at the request of police officer
- 53A Examination of person accused of rape by medical practitioner
- 54 Examination of arrested person by medical officer
- 54A Identification of person arrested
- 55 Procedure when police officer deputes subordinate to arrest without warrant
- 55A Health and safety of arrested person
- 56 Person arrested to be taken before Magistrate or officer in charge of police station
- 57 Person arrested not to be detained more than twenty-four hours
- 58 Police to report apprehensions
- 59 Discharge of person apprehended
- 60 Power, on escape, to pursue and retake
- 60A Arrest to be made strictly according to the Code
