ARREST OF PERSONS AT LEXCLIQ

ARREST OF PERSONS 

BY KOMAL SINGH AT LEXCLIQ

Arrest of Persons:
Arrest means deprivation of liberty of person by legal authority. Chapter 5 of Cr.P.C deals with provisions relating to Arrest. Arrest also prohibit the accused to not further commit crimes.
There has to be justifiable cause to the arrest of person the same was held in the case of joginder kumar vs. St. Of UP.
Who can arrest the person:
1.Police officer (Sec.41 of Cr.P.C)
2. Magistrates (Sec.44 (1),sec .44(2))
3.Any private person. (Sec.43 (1))

If we consider the types of arrest we have, Τwo types of arrest:

1. Arrest made in pursuance of warrant made by magistrates.
2. Arrest made without warrant.
Police may arrest without warrant in sec. 41 of Cr.P.C if the offence is of cognizable one like murder , rape, kidnapping. Who is in possession of stolen property, who by state has proclaimed to be offender. Who is reasonablely suspected to be offender by desertion by any Armed forces of the Union.
Let us know the Rights of Arrested Person.In the leading case D.K Basu vs. St. Of West Bengal .
There are two Rights available to arrested :
1.Rights at the time of arrest
2.Rights at the time of trial.

Right to remain silence: The court or tribunal should not conclude that the person is guilty of conduct merely because he was not responding to questions which were raised to him by police or by the courts.The Article 20(3) of our Constitution guarantees the Right to self-incrimination and it has been stated that no accused who have been arrest can be compelled to act as a witness against himself.

In the case Nandini sathpathy vs. P.L.Dani it was said by court that no one can be extracted any statement the accuse as sole right of being silent during investigation and interrogation.


Right to know the ground of arrest : In sec.50 (1) accused has the right to know the full particulars of arrest in case of without warrant.
Under sec.55 it is the right of accused to know of arrest, the written order against him.
Even more Rights are: Information regarding rights to be released on bail sec 50 (2),Rights not to be detained for more than 24hrs without judicial scrutiny.

Rights at Trail:
There should be fair trial as by Article 14. Of Constitution. There should be speedy trial
There should be right for accused to consult a legal practitioner under sec 50 (3) and Art. 22(1) , also he should be given free legal aids, accused should have a right to be examined by medical practitioners sec sec.54 of Cr.P.C.

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