Not every restriction on freedom or physical restraint constitutes an arrest. An arrest only occurs when someone's freedom is taken from them in a professional, skilled, and competent manner by someone with legal power, or at least who appears to have legal authority. As a result, we can define arrest as "a person's restriction of liberty as a result of their being apprehended by legal authority." A person is arrested when they are taken into custody by someone with legal authority for the purposes of holding or detaining them while they respond to a criminal charge or refrain from committing a crime.
However, under specific circumstances, such as the removal of a juvenile girl from a brothel, a person who has not yet been accused of a crime may be arrested or imprisoned under the authority of a statute. It should be emphasized that the terms "arrest" and "custody" don't mean the same thing. After being detained by a magistrate upon appearance or surrender, the individual is then taken into custody. Custody exists in every arrest but not the other way around. Therefore, an arrest may not always result from the simple act of taking someone into custody by a party with the jurisdiction to do so.
Arrest without Warrant:
When it is necessary to find out the name and address of the person committing the crime or to stop the performance of a cognizable offence, a police officer may also make an arrest in connection with less serious (non-cognizable) offences. Police officers can also take this action to successfully carry out their jobs. In some situations, police officers are given broad authority to make an arrest without a warrant under Sections 41 and 42 of the Criminal Procedure Code. Which are:
A person who has committed any crime, such as murder, rape, kidnapping, or theft;
Is in possession of a weapon for housebreaking without a warrant;
Has been declared a criminal under the Criminal Procedure Code or by an order of the State Government;
Is in possession of the stolen property; obstructs a police officer who is carrying out his duties; has escaped or attempted to escape from legal custody; or
A person who has a "reasonable suspicion" of having deserted from one of the Union's armed forces;
Who is involved in extradition or detention laws; who violates any rules for freed criminals set forth in Section 356 CrPC's subsection; or
A request for an arrest has been received from another police officer, who identified the suspect and specified the crime and other grounds for the arrest.
Arrest with a warrant:
A warrant must be issued if someone commits a crime for which an arrest cannot be affected without one. The police officers are unable to make such an arrest without a warrant. A judge or a magistrate issues the warrant on the state's behalf. A warrant for arrest enables a police officer or other person to hold, arrest, and take custody of a person's belongings. According to Section 41(1) of the CrPC, 1973, a person is detained without a warrant in certain circumstances. If there is a non-cognizable case or a complaint is made, a person cannot be arrested without a warrant and an order from the magistrate, subject to the requirement under Section 42, according to Section 41(2) of the CrPC, 1973.
Case Laws:
In the case of Birendra Kumar Rai v. Union of India, it was determined that a police officer can make an arrest without using handcuffs if the subject voluntarily submits to custody. The arrest can even be made with spoken words.
In another instance, Bharosa Ramdayal v. Emperor, it was decided that a person is deemed to have submitted himself into the custody of a police officer when they admit their guilt to the police. If a person goes to the police station on the officer's instruction, that individual is regarded as having been submitted into custody. In these circumstances, physical contact is not required.
As we've seen, the Code of Criminal Procedure, 1973 regulates the police process in India for making an arrest and assigns police officers with obligations; yet, this power of arrest is routinely abused by police officers.
In cases of arrest, it is advisable to consult a lawyer for bail. If the arrest has been made in Bangalore then Lawyers in Bangalore can be appointed. Lawyers in Bhopal can also be appointed if an arrest has been made in Bhopal. Likewise, Lawyers in Aurangabad can be appointed if the arrest has been made in Aurangabad.
For seeking advice relating to rights on arrest and bail you can seek advice from lawyers in Lead India. You can ask a legal question, or talk to a lawyer. We also provide free legal advice online. We have experienced lawyers.
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