Introduction Of What is Arrest and Types of Arrest in CrPC
An Arrest is an act of taking a person into custody as he/she may be suspected of a crime or an offence. It is done because a person is apprehended for doing something wrong. After arresting a person further procedures like interrogation and investigation are done. It is part of the Criminal Justice System.
In an action of arrest, the person is physically detained by the concerned authority. If we look at the dictionary meaning of the word ‘ arrest ‘ it means to seize or to capture, to bring to a stop or to make it inactive. From all the meanings it can be deduced that arrest means to bring a stop to a person’s activity. A person can be arrested by police or a Magistrate.
Types of Arrest in CrPC
The term Arrest has been defined neither in the CrPC ( The Code of Criminal Procedure, 1973 ) nor IPC ( Indian Penal Code, 1860 ). The definition has not been provided even in any enactments dealing with Criminal Offences. The only indication of what an arrest constitute can be made out of Section 46 of CrPC which deals with ‘ How an arrest is made ‘.
If the broadly characterized arrest is of two types (types of arrest in CrPC) Arrest is made in pursuance with a warrant issued by the magistrate. Arrest made without any warrant but within the established legal provisions.
Another type of arrest is Private Arrest in which a person is arrested by another person. But it is allowed only in case a person commits a non-bailable offence in another person’s presence or is apprehended of committing a crime against a person or his property and when he is not given the correct address of his residence or it is unknown. But before arresting a person there should be sufficient apprehension and justifiable cause to arrest that particular person.
Arrest By Warrant-
If a person commits an offence which is non – arrestable then a warrant is necessary to be issued. The police cannot make such kind of arrest without a warrant. The warrant is issued by a Judge or a Magistrate on behalf of the state. An arrest warrant authorizes the arrest or detention of the person or capture or seizure of an individual’s property. Section 41 ( 1 ) of CrPC, 1973 explains when can a person be arrested without any warrant.
Section 41 ( 2 ) of CrPC, 1973 states that subject to the condition in Section 42, a person cannot be arrested without a warrant and an order of the magistrate in case of non – a cognizable offence and where a complaint is made. The procedures to be followed while arresting a person find its mentioned in Section 46 of the Code. But this Code is not fully sufficient to provide all the procedures, for this the guidelines given in different cases are followed.
Arrest Without Warrant –
An arrest without a warrant means when a police officer is entitled to arrest a person without any warrant. It can happen only in cases where a person is a suspect of an arrestable offence. There are several grounds provided in Section 41 ( 1 ) of CrPC under which an arrest can be made without a warrant. It is usually done in case of a cognizable offence, when a reasonable complaint is made or when a piece of credible information has been received.
Arrest on refusal to give name and residence –
Section 42 of CrPC states the course of action in case of arrest on refusal to give name and residence.
▪ Section 42 ( 1 ) says that when a person has committed a non – cognizable offence and refuses to give his name or address or gives a false name and address on the demand of the officer, he may be arrested by such officer to ascertain his correct name or residence.
▪ Section 42 ( 2 ) says that the person so arrested may be released after ascertaining the true name or residence but only after executing a bond, with or without sureties, to appear before the magistrate if required. But if the person is not a resident of India then the bond should be secured by a security or securities resident of India.
▪ Section 42 ( 3 ) says that if the true name or address of the person is not found within twenty – four hours or if he fails to execute the bond or required sureties then he has to be presented before the magistrate falling within the jurisdiction.
The procedure of arrest by a private person –
Section 43 ( 1 ) states that a private person can arrest another person who commits a non-bailable offence or any proclaimed offender and without wasting any unnecessary time can be taken to a police officer and in the absence of the officer the accused has to be taken to the nearest police station.
Section 43 ( 2 ) says that if the arrest of that person comes under Section 41, the police officer shall re-arrest him.
Section 43 ( 3 ) provides that if there is sufficient reason to believe that he has committed a bailable offence and refuses to give his true name or address to the police officer, he shall be dealt with according to the provisions of Section 42. But he shall be released if there is no sufficient reason to believe that he has committed an offence.
Arrest By Magistrate –
Magistrate here includes both an executive and judicial Magistrate. According to Section 44 ( 1 ) of CrPC when an offence is committed in the presence of a magistrate within his local jurisdiction, he has the power to arrest that person himself or order any person for arrest and subject to the conditions relating to bail, commit the accused to custody.
Section 44 ( 2 ) in addition to clause 1 also provides that the Magistrate can also arrest or direct to any person in his presence, within his local jurisdiction of whom who he is competent to arrest at that time and in the circumstances to arrest.
These are the Types Of Arrest In CrPC.
