PROCEDURE FOR ARREST

PROCEDURE FOR ARREST

1. Ä  How an officer in charge of a police station may arrest a vagabond or habitual offender?

INTRODUCTION

RELEVANT PROVISIONS

Section 46 to 53 of Cr.P.C

DEFINITION OF ARREST

Arrest has not been defined in Cr.P.C

“A person can be said to be arrested when is actually touched or confined by a police officer or other person in accordance with the law.”

PROCEDURE OF ARREST U/SEC 46

Following is the procedure of making the arrest;

I-                    PERSON WHO CAN ARREST

II-                  PERSON WHO CAN AUTHORIZE FOR ARREST

III-                ACTUALLY TOUCH AND CONFINE

IV-               SUBMISSION TO THE CUSTODY BY WORDS  OR ACTIONS

V-                 RESISTING ENDEAVOUR TO ARREST

VI-               REQUIREMENTS TO USE FORCE

SEARCH FOR ARREST

i-                    SEARCH OF PLACE ENTERED BY PERSON SOUGHT TO BE ARRESTED UNDER SECTION 47

ii-                  PROCEDURE WHEN INGRESS NOT OBTAINABLE UNDER SECTION 48

iii-                POWER TO BREAK OPEN DOORS AND WINDOWS FOR PURPOSE OF LIBERATION UNDER SECTION 49

iv-                NO UNNECESSARY RESTRAINT UNDER SECTION 50

ILLEGAL OR MALICIOUS ARREST

REMEDY PROVIDED TO THE PERSON ILLEGALLY OR MALICIOUS ARRESTED

I-                    REMEDY PROVIDED UNDER SECTION 491 Cr.P.C

II-                  REMEDY PROVIDED UNDER SECTION 199 OF THE CONSTITUTION OF PAKISTAN

CONCLUSION