Chapter V of the Code of Criminal Procedure, 1973( hereafter referred to as CrPC, 1973) deals with the arrested persons and the rights of the arrested persons as well. The chapter is covered from section-41 to 60A of the Code. ‘Arrest’ means to deprive a person of his right to move. It means to detain a person in the custody of the officers authorized that is the police. The Code deals with two modes of arrest particularly known as
- Arrest with warrant
- Arrest without warrant
Further details are dealt with In the proceeding sections.
Before entering into the sections and knowing who all have been authorized to arrest a person and the arrestee’s rights, why there is a need to arrest a person? The arrest is done for maintaining the law and order in the society so that a person don’t feel motivated to do these types of acts and also by arresting a person, the legislature is trying to restrain other people from committing the same act thereby following the Purposive interpretation of the chapter. Secondly, the person accused or suspected doesn’t obstruct the police while they are proceeding with the investigation or does not tamper the evidence.
WHO CAN MAKE THE ARREST
Section 41 talks about arrest without warrant where the “police officer” without the order of the Magistrate or without arrest warrant can arrest the accused for the ‘cognizable offence’ committed. Section-43 arrest by a “Private Person” where the arrestee in his “presence” has committed a “Non-bailable” and “cognizable offence”. Section-44 arrest by “the Magistrate” be it executive or judicial.
WHO CAN BE ARRESTED
The arrested persons may be an accused, he might be a suspect and under section-45 even the members of the Armed Forces can also be arrested if did anything in the discharge of their official duties after obtaining the consent of the Central Government.
HOW ARREST IS MADE
The procedure for arrest has been laid down under section-46. For attesting a person, the Police Officer or the persons authorized “shall touch” the body of the person unless the submission is done by the actions or words. In case of female, arrest would be done by oral intimidation or by the female police officer. The authorized persons does not have the power to cause death of a person who is not accused of an offence punishable with death sentence or life imprisonment. Women shall not be arrested after sunset and before sunrise.
RIGHTS OF ARRESTED PERSONS
Section-56-The police officer making the arrest shall send the accused to the Magistrate having Jurisdiction “without unnecessary delay”.
Section-57 The accused shall not be detained in the custody for “more than twenty four hours”.
The accused has a right to meet the advocate of his choice during the interrogation but not throughout the interrogation under section 41D. The State Government should make police control rooms at District level and at state level and displaying the notice outside such control rooms with the name and address of the arrested persons alongwith the name of the police officer who has arrested them under section 41C. The arrested persons should not be subjected to restraint more than required-section 49.
The arrested persons have a right to be informed of grounds of arrest and right to bail-section 50. Under section 53, at the request of the police officer, the accused can be medically examined by the medical practitioner whereas under section 53A, the person accused of rape can be medically examined.