Section 46 CrPC: Arrest Procedure in India – Code of Criminal Procedure

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Section 46 CrPC: Arrest Procedure in India – Code of Criminal Procedure

This section outlines the procedure for making an arrest under the Code of Criminal Procedure (CrPC) in India.

1. Code:

Section 46 CrPC: “When a police officer is authorized to arrest a person without warrant, he may arrest such person and may use such force as may be reasonably necessary to effect the arrest.”

2. Explanation:

This section deals with the power of a police officer to arrest a person without a warrant. The power to arrest without a warrant is granted in various circumstances, as outlined in the CrPC, such as:

  • When a person is caught committing a cognizable offense.
  • When a person is reasonably suspected of having committed a cognizable offense.
  • When a person is reasonably suspected of being about to commit a cognizable offense.

The police officer must ensure that the arrest is made in a legal and reasonable manner. Force can be used only if it is reasonably necessary to effect the arrest, and the officer must be careful not to use excessive force.

3. Illustration:

Consider a scenario where a police officer witnesses a person stealing a mobile phone from another person. The officer can arrest the person without a warrant as the act of stealing constitutes a cognizable offense. However, the officer must ensure that the arrest is carried out legally and that excessive force is not used.

4. Common Questions and Answers:

Q: What are the rights of a person being arrested?

A person being arrested has the right to be informed of the grounds of arrest, the right to be taken before a magistrate without unnecessary delay, and the right to legal representation.

Also Read  Section 115 CrPC: Power to Dispense with Personal Attendance in Criminal Procedure

Q: Can a private citizen make an arrest?

Yes, a private citizen can make an arrest under certain circumstances, as outlined in the CrPC. For example, a private citizen can arrest a person caught committing a cognizable offense or who is reasonably suspected of having committed a cognizable offense.

Q: What happens after an arrest is made?

After an arrest, the person must be taken before a magistrate within 24 hours. The magistrate will decide whether to release the person on bail or send them to jail.

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