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Concept of Arrest and

CONCEPT OF ARREST AND LATEST

AMENDMENTS
Arrest in criminal jurisprudence signifies the detention of a person under the
authority of law in connection with an alleged or expected violation of the law. Police
officers area entrusted with wide powers of arrest under different circumstances, so are
several other classes of officers who are entrusted with the enforcement of penal
enactments. Magistrates have powers of arrest in certain circumstances and even private
persons have the power to arrest in extraordinary circumstances. However, the power to
arrest has to be exercised with intelligent discretion and caution.
Moreover, arrest is undoubtedly a serious interference with fundamental right of the
Personal liberty of the citizen, which includes an arrestee or an accused, guaranteed under
Articles 21 and 22 of the Constitution of India and it has to be strictly in accordance with
the law, so as to be escaped the arresting authority from the punishment.
Arrest probably is the most effective method of securing an attendance of the accused at
his trial though for other reasons it is not quite desirable to use it in each and every case.
Arrest may be arrested not only for the purpose of securing the attendance of the accused
at the time of trial, but it may become necessary as a preventive and precautionary
measure in respect of a person intending to commit cognizable offence, o a habitual
offender or ex-convict, or person found under suspicious circumstances. Arrest may

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sometimes become necessary for obtaining the correct name and address of a person
committing a non-cognizable offence. A person obstructing a police officer in discharge
of his duties is liable to be arrested to put a stop to such obstruction. So also, a person
escaping from lawful custody is liable to be arrested and re-taken in custody.

Meaning of Arrest
The term arrest is not defined either in Code or in the various substantive Acts.
The word arrest, when used in its ordinary and natural sense, means the apprehension or
restraint or the deprivation of ones personal liberty. When used in legal sense, in the
procedure connected with criminal offence, an arrest consists in the taking into custody of
another person, under authority empowered by law, for the purpose of holding or
detaining him to answer a criminal charge or of preventing the commission of a criminal
offence. The essential elements required to institute an arrest, in the above sense, are that
there must be intent to arrest under the authority, accompanied by a seizure or detention
of person, in the manner known to law, which is so understood by the person arrested. In
every arrest there is custody but not vice-versa--and both the words custody and arrest
are not synonymous terms.
The Code contemplates two types of arrests:
(a) Arrest made in pursuance of a warrant issued by a Magistrate; and
(b) Arrest made without such warrant but made in accordance with some legal
provision permitting such arrest.

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Arrest with Warrant

WARRANT OF ARREST
A warrant of arrest is a written authority given by a competent magistrate for the arrest
of a person. It is a more drastic step than the issue of a summons. It is addressed to a
person, usually a police officer, to apprehend and produce the offender in front of the
court. Form number 2 of CRPC provides for format of arrest warrant:
FROM NO. 2
[See, Section 70]
WAARANT OF ARREST
To. (name and designation of the person or persons who is or are to execute
the warrant).

WHEREAS (name of accused) of (address) stands charged with the offence of ..

(state the offence), you are hereby directed to arrest the said .. and to
produce him before me. Here in fail not.

Dated, this. .day of ..20

(Signature)
(Seal of the court)

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ESSENTIAL ELEMENTS OF A VALID WARRANT

1. The warrant must clearly mention the name and other particulars of the person to be
arrested. As per Section 70(1), every warrant of arrest shall be in writing. It must be
signed by the presiding officer of the court and must bear the seal of the court. As
per section 70(2), a warrant remains in force until it is cancelled or is executed. Normally,
Form

of

Second

schedule

is

used

to

write

warrant.

2. It must show the person to whom the authority to arrest has been given. As per Section
72, a warrant is normally directed to one or more police officers but, if necessary, the
court may direct it to any other person or persons. Further, section 73 provides that a
magistrate may direct a warrant to any person within his jurisdiction for the arrest of any
escaped convict, proclaimed offender, or of any person who is accused of a non-bailable
offence and is evading arrest.
3. It may include a direction that if the person arrested under the warrant executes a bond
and gives security for his attendance in court, he shall be released. Warrant with such a
direction

is

called

as

bailable

warrant

of

arrest.

4. It must clearly specify the offence.

PROCEDURE FOR ISSUING A WARRANT
When a request in appropriate format is made to the court for compelling the appearance
for a person, the court either rejects the request or issues a Warrant. As per Section 204, if

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in the opinion of the magistrate taking cognizance of the offence, there is sufficient ground
for proceeding, and if the cases is a warrant case, he may issue a warrant or if he thinks fit,
he

may

issue

summons.

Further, Section 87, empowers a magistrate to issue a warrant even if the case is a
summons case if he has reason to believe that the summons will be disobeyed. He must
record his reasons for this action.
PROCEDURE FOR EXECUTING A WARRANT
As per section 75, a warrant can be executed by showing the substance of the warrant to
the person being arrest. If required, the warrant must be shown to the person arrested.
Section 76 mandates that the person executing the warrant must produce the arrested
person before the magistrate without unnecessary delay and within 24 hours excluding the
time taken for travel from the place of arrest to the magistrate.
As per section 77, a warrant may be executed anywhere in India. Section 78 specifies that
if a warrant is to be executed outside the local jurisdiction of the court issuing it, such
court may send it to the Executive Magistrate or District Superintendent of Police or
Commissioner of Police within the local limits of whose jurisdiction it is to be executed
instead of directing it to the police officer within the jurisdiction of the issuing court.
Section 79 specifies the procedure for executing a warrant outside the local jurisdiction of
the issuing court as follows

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(1) When a warrant directed to a police officer is to be executed beyond the local
jurisdiction of the Court issuing the same, he shall ordinarily take it for endorsement either
to an Executive Magistrate or to a police officer not below the rank of an officer in charge
of a police station, within the local limits of whose jurisdiction the warrant is to be
executed.
(2) Such Magistrate or police officer shall endorse his name thereon and such
endorsement shall be sufficient authority to the police officer to whom the warrant is
directed to execute the same, and the local police shall, if so required, assist such officer in
executing such warrant.
(3)Whenever there is reason to believe that the delay occasioned by obtaining the
endorsement of the Magistrate or police officer within whose local jurisdiction the warrant
is to be executed will prevent such execution, the police officer to whom it is directed may
execute the same without such endorsement in any place beyond the local jurisdiction of
the Court which issued it.
WHEN CAN A COURT ISSUE A WARRANT IN A CASE IN WHICH IT IS
EMPOWERED TO ISSUE SUMMONS
As per Section 87 a court may issue a warrant even in a case in which it is empowered
only to issue a summons. A court can issue a warrant either before issuing a summons or
even after issuing a summons. It may do so if it has reason to believe that the person has

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absconded or that the person will not obey the summons. Further, a court may issue a
warrant if the summons was duly served and still the person fails to appear before it at the
required date and time without any reasonable excuse. The court must record its reasons to
do so
It must be noted that Section 204 empowers the court to issue a summons even for a
warrants case if it believes that a summons is sufficient to enforce the appearance of the
person before it, while Section 87 empowers the court to issue a warrant even in a
summons cases, if reasonable causes exist. In general, a warrant ought not to be issued
where a summons can serve the purpose and care should be exercised by the court to
satisfy itself that upon the materials present before it, it was necessary to issue a warrant.
In Anoop Singh vs Cheelu AIR 1957, it was held that this applies to an accused as well
as a witness. But where the court has no power to issue a summons, it cannot issue a
warrant under this section. In P K Baidya vs Chaya Rani AIR 1995, it was held that
when a witness avoids his appearance in spite of the summons being appropriately served,
court can take steps for securing his presence under this section.
So in nutshell: Arrest without warrant is as following:
The requisites of a valid warrant can be gathered from this section and the form of warrant
of arrest in Form No. 2 of Second Schedule. They are:-1. The warrant must be in writing.
2. It must bear the name and designation of the person who is to execute it.

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3.
4.
5.
6.

Concept of Arrest and

It must give full name and description of the person to be arrested.

It must state the offence charged.
It must be signed by the presiding officer.
It must be sealed.

Arrest without Warrant

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Who Can:

41)

Police Officer

(u/s

Private Person

(u/s 43)

Magistrate

(u/s 44)

ARREST WITHOUT WARRANT BY POLICE OFFICER:

The exigencies of the circumstances may require a person to be arrested without
warrant if such person is reasonably suspected to have committed a serious
(cognizable) offence even in case of less serious crime (non-cognizable offence)
immediate arrest without warrant may become necessary to ascertain the name and
address of the offender perpetrating the crime. It may also be necessary as a
preventive measure to make arrests without warrant for the forestalling of impending
crimes, and for enabling police to discharge their duties effectively. Arrest without
warrant can be made by police officers or even by private citizens in emergencies.
Wide powers have been conferred on the police for making arrests without warrant
under circumstances mentioned in Sections 41 and 42. These sections read as follows:

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41. When police may arrest without warrant (1) Any police officer may without an
order from a Magistrate and without a warrant, arrest any person
*[(a) who commits, in the presence of a police officer, a cognizable offence;

(b) against whom a reasonable complaint has been made, or credible information has
been received, or a reasonable suspicion exists that he has committed a cognizable
offence punishable with imprisonment for a term which may be less than seven years or
which may extend to seven years whether with or without fine, if the following conditions
are satisfied, namely:(i) the police officer has reason to believe on the basis of such complaint, information, or
suspicion that such person has committed the said offence;
(ii) the police officer is satisfied that such arrest is necessary(a) to prevent such person from committing any further offence; or
(b) for proper investigation of the offence; or
(c) to prevent such person from causing the evidence of the offence to disappear or
tampering with such evidence in any manner; or

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(d) to prevent such person from making any inducement, threat or promise to any person
acquainted with the facts of the case so as to dissuade him from disclosing such facts to
the Court or to the police officer; or
(e) as unless such person is arrested, his presence in the Court whenever required cannot
be ensured, and the police officer shall record while making such arrest, his reasons in
writing.
**[Provided that a police officer shall, in all cases where the arrest of a person is not
required under the provisions of this sub-section, record the reasons in writing for not
making the arrest.]
(ba) against whom credible information has been received that he has committed a
cognizable offence punishable with imprisonment for a term which may extend to more
than seven years whether with or without fine or with death sentence and the police
officer has reason to believe on the basis of that information that such person has
committed the said offence;"
*[sub-clauses (a) and (b) substituted by Code of Criminal Procedure Amendment act, 2008]
**[Proviso to sub-clause (b) inserted by Code of Criminal Procedure Amendment Act, 2010]

*[(2) Subject to the provisions of section 42, no person concerned in a non-cognizable

offence or against whom a complaint has been made or credible information has been

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received or reasonable suspicion exists of his having so concerned, shall be arrested

except under a warrant or order of a Magistrate." }
*[sub-clause (2) substituted by Code of Criminal Procedure Amendment act, 2008]

Wide powers have been conferred on the police for making arrests without warrant under
circumstances mentioned in Sections 41 and 42. These sections read as follows:
Clauses (a), (d) and (g) of Section 41(1) clearly shows that the police have very
wide powers of making arrest without warrant in respect of cognizable offences.
However, these powers are not without limitations.1 The requirement of reasonability and
creditability would hopefully prevent the misuse of such powers. What is reasonable
complaint or suspicion or what is credible information must depend upon the facts and
circumstances in each case.2 It may be noted that malicious and excessive exercise of
powers of arrest under these sections would be punishable under Section 220 IPC.
The word may arrest shows that the power of arrest is discretionary. A police officer
is not always bound to arrest for a cognizable offence. The power of arrest given
under Section 41 given to the police officer is not absolute and is not to be exercised

1 Joginder Kumar v. State of U.P., (1994) 4 SCC 260.

2 Observations in Kajal Dey v. State of Assam, 1989 Cri LJ 1209 (Gau).

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in arbitrary manner,3 but judiciously, subject to the limitations specified under the
provisions of Cr.P.C.
No arrest is to be made because it is lawful for the Police officer to do so. The
police officer must be able to justify the arrest apart from his power to do so. Arrest is
not a must in every case, there must be sufficient reasons for exercising such powers by
the police officers.
A Magistrate, Judge or any other judicial Officer is, liable to criminal prosecution
for an offence like any other citizen but in view of paramount necessity of preserving the
independence of judiciary and at the same time ensuring that infractions of law are
properly investigated, the following guidelines laid down by the Supreme Court in Delhi
Judicial Service Association, Tis Hazari Court v. State of Gujrat,4 should be
followed:
(A) If a judicial officer is to be arrested for some offence, it should be done under
intimation to the District Judge or the High Court as the case may be.
(B) If facts and circumstances necessitate the immediate arrest of a judicial officer of
the subordinate judiciary, a technical or formal arrest may be effected.
(C) The facts of such arrest should be immediately communicated to the District and
Sessions Judge of the concerned District and the Chief Justice of the High Court.
3 State of Rajsthan v. Bhera. 1997 CrL J 1237 (Raj-DB).
4 AIR 1991 SC 2176.

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(D) The Judicial Officer so arrested shall not be taken to a police station, without the
prior order or directions of the District & Sessions Judge of the concerned District, if
available.
(E) Immediate facilities shall be provided to the Judicial Officer to communication
with his family members, legal advisers and Judicial Officers, including the District &
Sessions Judge.
(F) No statement of a Judicial Officer who is under arrest be recorded nor any
panchnama be drawn up nor any medical tests be conducted except in the presence of
the Legal Adviser of the Judicial Officer concerned or another Judicial Office of equal
or higher rank, it' available.
(G) There should be no handcuffing of a Judicial Officer. If, however, violent
resistance to arrest is offered or there is imminent need to effect physical arrest in
order to avert danger to life and limb, the person resisting arrest may be over-powered
and' handcuffed. In such case, immediate report shall be made to the District &
Sessions Judge concerned and also to the Chief Justice of the High Court
The above guidelines are not exhaustive but these are minimum safeguards, which
must be observed in case of arrest of Judicial Officer.
Section 41(a) authorizes any police officer to arrest any person even without a
warrant, if such a person sought to be arrested has been concerned in any cognizable
offence etc.

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A credible information or a reasonable suspicion, upon which an arrest can

be made by a police officer, must be based on certain facts and materials placed before
him, which the officer must consider for himself, before he can take any action. It is not
enough for a person, under this section, that there was likelihood of cognizable offence
being committed, in future. The existence of a warrant is equivalent to credible
information.
When arrest is made under the suspicion, the police has to carry out investigation
without unnecessary delay and the magistrate has to be watchful, as the power of
arrest without warrant under suspicion is liable to be abused. Arrest and seizure
become doubtful when no effort was made by police to join any independent witness
amongst several person present.
42. Arrest on refusal to give name and residence.(1) When any person who, in the presence of a police officer, has committed or has been
accused of committing a non-cognizable offence refuses, on demand of such officer, to
give his name and residence or gives a name or residence which such officer has reason
to believe to be false, he may be arrested by such officer in order that his name or
residence may be ascertained.

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(2) When the true name and residence of such person have been ascertained, he shall be
released on his executing a bond, with or without sureties, to appear before a Magistrate
if so required:
Provided that, if such person is not resident in India, the bond shall be secured by a
surety or sureties resident in India.
(3) Should the true name and residence of such person not be ascertained within twentyfour hours from the time of arrest or should he fail to execute the bond, or, if so required,
to furnish sufficient sureties, he shall forthwith be forwarded to the nearest Magistrate
having jurisdiction.
This section is clear in itself. If a person commits a non-cognizable offence in the
presence of a police officer and refuses to give his name and address when demanded by
such officer, he can be arrested by such officer in order to ascertain his name and
residence. However, his name and address were previously known to the police officer,
he cannot be arrested and detained under this section.5

ARREST BY PRIVATE PERSON (U/S 43) OF CRPC:

Section 43 (1) Any private person may arrest or cause to be arrested any person who in
his presence commits a non-bailable and cognizable offence, or any proclaimed offender,
5 Gopal Naidu v. King Emperor, ILR(1923) 46 Mad 605, 625.

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and, without unnecessary delay, shall make over or cause to be made over any person so
arrested to a police officer, or, in the absence of a police officer, take such person or
cause him to be taken in custody to the nearest police station.
(2) If there is reason to believe that such person comes under the provisions of section
41, a police officer shall re-arrest him.
(3) If there is reason to believe that he has committed a non-cognizable offence, and he
refuses on the demand of a police officer to give his name and residence, or gives a name
or residence which such officer has reason to believe to be false, he shall be dealt with
under the provisions of section 42; but if there is no sufficient reason to believe that he
has committed any offence, he shall be at once released.
It is in general sense of society that a person committing a very serious offence
(cognizable) offence should be immediately arrested and expeditiously dealt with
according law. The powers of police arrest without warrant are an extent to helpful for
this purpose but they may not in themselves prove adequate in all situations. When a
serious offence has been committed in presence of several private citizens and no police
officer is near the scene of offence, it would totally unreasonable to tell the private
citizens witnessing the crime that they cannot arrest the offender without first obtaining a
warrant from Magistrate or that they should do nothing except to inform the police and
Magistrate and to wait for the police to take steps for arresting the culprit. A private
person is also entitled to arrest or cause to be arrested any person (1) who in his presence

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commits a non-bailable and cognizable offence, or (2) who is a proclaimed offender. He

must, without unnecessary delay, make over such person to police officer, or either take
him or cause him to be taken to the nearest police station. If such person is liable to be
arrested under section 41, he shall be re-arrested by the police officer. If he is believed to
have committed a non-cognizable bailable offence, his name and residence is to be
ascertained. If he is believed to have committed no offence, he is to be set at liberty. If a
police officer outside the State arrests a proclaimed offender in his private capacity, he is
authorized to do under section 43 Cr. P.C.
Under section 43, even a private person can arrest a person, if he is found engaged in
commission of non-bailable and cognizable offence. Under the same provision, the
person making the arrest is also entitled to make over person so arrested to a Police
Officer. Under section 43 even a private individual can have authority to take culprit in
custody. But the power is not unlimited, rather it is a limited one which would be evident
from the provisions enshrined in section 43.
Conditions for exercise of the power U/S 43
A private person may lawfully arrest a person without warrant only if the following
conditions are fulfilled:
i. Either such person is a proclaimed offender, or
ii. Such person commits in his presence an offence, which is non-bailable or
cognizable. If the offence be bailable or non-cognizable or it is not committed in
his presence, the arrest would be illegal.
Offence includes not only substantive offence, but also an abetment or conspiracy
to commit an offence and also an attempt, when such an attempt is an offence under this

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law. If the private person making arrest under this section fails to follow the procedure as
prescribed in this section, he can be prosecuted for the offence of wrongful confinement
under Section 342 IPC.6
If an arrest under this section is made for an offence which is in fact not cognizable and
non-bailable but because of bonafide mistake believed to be so by the person making
arrest, he would be protected by section 79 of IPC.7

ARREST BY MAGISTRATE U/S 44 OF CRPC:

Section 44 (1) When any offence is committed in the presence of a Magistrate, whether
Executive or Judicial, within his local jurisdiction, he may himself arrest or order any
person to arrest the offender, and may thereupon, subject to the provisions herein
contained as to bail, commit the offender to custody.
(2) Any Magistrate, whether Executive or Judicial, may at any time arrest or direct the
arrest, in his presence, within his local jurisdiction, of any person for whose arrest he is
competent at the time and in the circumstances to issue a warrant.
Important thing to note here is that magistrates have wider power than private citizen. A
magistrate can arrest on the ground of any offence and not only on cognizable offence. As
held in the case of Swami Hariharanand Saraswati vs Jailer I/C Dist. Varanasi, 8 the

6 Superintendent & Remembrancer of Legal Affairs v. Bagirath Mahto, AIR 1934 Cal. 610
7 Anant Prasad Ray v. Emperor, (1926) 27 Cri.LJ 1378,1380-81 (Pat.)

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arrested person must be produced before another magistrate within 24 hours, otherwise
his detention will be illegal.
Considering the general principle embodied in section 479 that a judge or
magistrate personally in a case should not try it, a magistrate arresting a person under
section 44(1) should not try case himself.

ARREST HOW MADE:

Section 46(1) In making an arrest the police officer or other person making the same
shall actually touch or confine the body of the person to be arrested, unless there be a
submission to the custody by word or action.
*[Provided that where a woman is to be arrested, unless the circumstances indicate to
the contrary, her submission to custody on an oral intimation of arrest shall be presumed
and, unless the circumstances otherwise require or unless the police officer is a female,
the police officer shall not touch the person of the woman for making her arrest]
[*Proviso added by Code of Criminal Procedure Amendment Act, 2008]

(2) If such person forcibly resists the endeavour to arrest him, or attempts to evade the
arrest, such police officer or other person may use all means necessary to effect the
arrest.
8 AIR 1954 All. 601, 604-05.

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(3) Nothing in this section gives a right to cause the death of a person who is not accused
of an offence punishable with death or with imprisonment for life.
*[(4) Save in exceptional circumstances, no women shall be arrested after sunset and
before sunrise, and where such exceptional circumstances exist, the woman police officer
shall, by making a written report, obtain the prior permission of the Judicial Magistrate
of the first class within whose local jurisdiction the offence is committed or the arrest is
to be made.]
[*sub-clause (4) Inserted by Code of Criminal Procedure (Amendment) Act, 2005]

This section describes the mode in which arrests are to be made. The word arrest, when
used in its ordinary and natural sense, means the apprehension or restraint or the
deprivation of ones personal liberty to go where he pleases. When used in the legal in the
procedure connected with criminal offences, an arrest consists of taking into custody of
another person under authority empowered by law, for the purpose of holding him or
detaining him to answer a criminal charge or preventing the commission of criminal
offence. The words custody and arrest are not synonymous.
A person whose control is taken over by law either when he voluntarily surrenders
before the court or by an officer by coercive measure is said to be in custody for the
purpose of criminal proceedings.9
9 State of Haryana v. Dinesh Kumar, 2006 SCW 1083.

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If a person makes a statement to police officer, accusing himself of having

committing an offence, he would be consider to have submitted to the custody of the
police officer.10 If the accused proceeds towards police station as directed by the police
officer, he would have held to have submitted to the custody of police officer.
In case there is forcible resistance or attempt to evade arrest, the person attempting
to make arrest may use all necessary means for the same. Whether the means necessary
or not would depend upon whether a reasonable purpose having no intention to cause
any serious injury to the other would have used to effect his arrest. Further, resistance or
obstruction to lawful arrest has been made punishable by the Penal Code, 1860(IPC).11
On the other hand, sub-section (3) of section 43 enjoins in clear terms that though
person making arrest can use all necessary means for the purpose, they have not given
any right to cause the death of a person who is not accused of an offence punishable with
death or imprisonment for life.12 Again, Section 49 provides that the person arrested
shall not be subject to more restraint than is necessary to prevent his escape.13
Case law produced by the courts in response to the demand protecting women has
made Parliament to enact sub-section (4) to Section 46 laying down that no women shall
10 Bharosa v. Emperor, (1941) 42 Cri. LJ 390.
11 Ss. 224, 225, 225-B IPC.
12 Karam Singh v. Hardyal Singh, 1979 Cri. LJ 1211, 1215(P&H)
13 Aeltemesh Rein v. Union of India, 1988 SCC (Cri) 900.

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be arrested after sunset and before sunrise, and where such exceptional circumstances
exist, the woman police officer shall, by making a written report, obtain the prior
permission of Judicial Magistrate of first class within whose jurisdiction the offence is
committed or arrest to be made.14

Powers: given to arrestee to give effect to arrest

To procure the presence of another person with the purpose of preventing commission of
criminal offence or detaining to answer a criminal charge there are certain provisions
which give certain powers to arrestee to do so. We will discuss these powers with
following heads:
i.
ii.
iii.
iv.
v.

Power to use Force- Section 46(2)-(3)& 49

Power to Search a Place- Section 47.
Power to pursue offenders into other Jurisdiction- Section 48
Power to require sub-ordinate officer to arrest- Section 55
Power to rearrests escapee- Section 60.

For the better understanding of this concept, we have need to discuss these powers one by
one with elaboration:
i.

Power to use Force- Section 46(2)-(3)& 49 :

As earlier I mention about section 46 of Cr.P.C. subsection (2) of this section provides
that if a person attempts to evade arrest, than such a police officer or any other person
14 Ins. by the Code of Criminal Procedure (Amendement) Act, 2005. It came into force with
effect from 23-062006.

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may use all necessary means to effect the arrest of that person. However, to limit the
abuse of power by police or any other person legislature beautifully provides another subsection (3) to this Section which says that all necessary means does not mean that to
cause the death of the person who is not even accused of an offence punishable with
death or with imprisonment for life. So in nutshell force should be according to the
punishment of offence. Section 49 also talk that there should not be unnecessary restraint
to prevent the escape of person.
ii.

Power to Search a Place- Section 47:

According to Section 47 An occupier of a house is under a legal duty to afford to the
police all the facilities to search the house for the purpose of making arrests. If such
facilities are denied or obstructions are put in the way of police officer, the section
allow the officer to use for getting entry into the house for search and also for the
purpose of liberating himself in case he is detained in the house. The section also puts
reasonable restrictions on the police when the part of the house to be searched is
occupied by a pardanashin woman. Section 47 reads as follows:

(1) If any person acting under a warrant of arrest, or any police officer having
authority to arrest, has reason to believe that the person to be arrested has entered
into, or is within, any place, any person residing in, or being in charge of, such
place shall, on demand of such person acting as aforesaid or such police officer,

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allow him such free ingress thereto, and afford all reasonable facilities for a
search therein.
(2) If ingress to such place cannot be obtained under Sub-Section (1), it shall be
lawful in any case for a person acting under a warrant and in any case in which a
warrant may issue, but cannot be obtained without affording the person to be
arrested an opportunity of escape, for a police officer to enter such place and
search therein, and in order to effect an entrance into such place, to break open
any outer or inner door or window of any house or place, whether that of the
person to be arrested or of any other person, if after notification of his authority
and purposes, and demand of admittance duly made, he cannot otherwise obtain
admittance;
Provided that, if any such place is an apartment in the actual occupancy of a
female (not being the person to be arrested) who, according to custom, does not
appear in public, such person or police officer shall, before entering such
apartment, give notice to such female that she is at liberty to withdraw and shall
afford her every reasonable facility for withdrawing, and may then break open the
apartment and enter it.
(3) Any police officer or other person authorised to make an arrest may break open
any outer or inner door or window of any house or place in order to liberate
himself or any other person who, having lawfully entered for the purpose of
making an arrest, is detained therein.

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3) Power to pursue offenders into other Jurisdiction- Section 48

Section 48 provides that A police officer may, for the purpose of arresting without
warrant any person whom he is authorized to arrest, pursue such person into any place
in India. A police officers power to arrest is ordinarily limited to the police district. This
power has been, to an extent, supplemented by Section 48 of the code.
In case of arrest is to be made under a warrant, Section 77 makes it clear that a warrant
of arrest may be executed at any place in India. However, when a warrant of arrest is to
be executed outside the local jurisdiction of the court issuing it, a special procedure, as
prescribed by Sections 78 to 81, will have to be followed.

4) Power to require sub-ordinate officer to arrest- Section 55

If a senior police officer in his presence requires a subordinate police officer (or even any
other person) to arrest a person who may be lawfully arrested without a warrant such
subordinate officer is under a duty to arrest. If however the senior police officer wants to
send and depute a subordinate for arresting a person without a warrant, he can give an
order in writing to the sub-ordinate specifying the person to be arrested and the cause for
which the arrest is to be made. This has been provided in Section 55 as follows:

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When any officer in charge of a police station or any police officer making an
investigation under Chapter XII requires any officer subordinate to him to arrest without
a warrant (otherwise than in his presence) any person who may lawfully be arrested
without a warrant, he shall deliver to the officer required to make the arrest an order in
writing, specifying the person to be arrested and the offence or other cause for which the
arrest is to be made and the officer so required shall, before making the arrest, notify to
the person to be arrested the substance of the order and, if so required by such person,
shall show him the order.
Nothing in Sub-Section (1) shall affect the power of a police officer to arrest a
person under section 41.
5) Power to rearrests escapee- Section 60
If a person in a lawful custody escapes or is rescued, the person from whose custody he
escaped or was rescued may immediately pursue and arrest him in any place in India.
[Section 60(1)] the person making such re-arrest has the same powers and duties as
mentioned in Sections 46 and 49. Therefore, if a police officer is attempting to re-arrest
an escaped thief, he has no right to shoot the thief. Provisions regarding search of place,
discussed in (a) above, shall apply in respect of re-arrest also, although the person
making any such arrest is not acting under a warrant and is not a police officer having
authority to arrest. [Section 60(2)]

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DUTIES OF ARRESTEE :
Criminal Procedure Code also talks about the duties of person while making arrest. And
these duties are (1) *Section 41-B provides Every police officer while making an arrest
shall-

(a) bear an accurate, visible and clear identification of his name which will facilitate easy
identification;
(b) prepare a memorandum of arrest which shall be(i) attested by at least one witness, who is a member of the family of the person arrested
or a respectable member of the locality where the arrest is made;
(ii) countersigned by the person arrested; and
(c) inform the person arrested, unless the memorandum is attested by a member of his
family, that he has a right to have a relative or a friend named by him to be informed of
his arrest.

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*[Inserted by Code of Criminal Procedure Amendment act, 2008]

(2) section 55-A talks about health and safety of arrested person.

*[55-A. Health and safety of arrested person. It shall be the duty of the person
having the custody of an accused to take reasonable care of the health and safety of the
accused.]
[* Inserted vide Code of Criminal Procedure Amendment Act, 2008

(3) Arrest should be according to the provisions of the Code. Section 60-A talks about
it *[60A. Arrest to be made strictly according to the Code. No arrest shall be
made except in accordance with the provisions of this Code or any other law for the
time being force providing for arrest.]
[* Inserted vide Code of Criminal Procedure Amendment Act, 2008]

PROCEDURES AFTER ARREST

1.
2.
3.
4.
5.
6.

Search of arrested person- Section 51

Seizure of offensive weapons- section 52
Medical examination of accused- section 53 & 53A
Identification of person arrested- Section 54A
Reports of arrests to be sent to District Magistrates- Section 58
Discharge of persons apprehended- section 59

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1) Search of arrested person- Section 51: Section 51 empowers police officer to make
a search of the arrested person under certain circumstances. Such search may prove
useful for proper investigation. If incriminating things or stolen articles are found
in such search, the police officer can seize them under Section 102 and produce
them in Court. Section 51 as follows:
(1) Whenever a person is arrested by a police officer under a warrant which does not
provide for the taking of bail, or under a warrant which provides for the taking of bail
but the person arrested cannot furnish bail, and whenever a person is arrested without
warrant, or by a private person under a warrant, and cannot legally be admitted to bail,
or is unable to furnish bail, the officer making the arrest or, when the arrest is made by a
private person, the police officer to whom he makes over the person arrested, may search
such person, and place in safe custody all articles, other, than necessary wearingapparel, found upon him and where any article is seized from the arrested person, a
receipt showing the articles taken in possession by the police officer shall be given to
such person.
(2) Whenever it is necessary to cause a female to be searched, the search shall be made
by another female with strict regard to decency.
Though the section does not require to search to be conducted in the presence of witness,
the rules made under the Police Act, direct that the search should be made in the presence

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of witnesses. The witnesses should be independent and respectable. It will be seen that
the power to Search under Section 51 is available only if the arrested person is not
released on bail. After search all the articles other than necessary wearing apparel found
upon the arrested person are to be seized, and it has been made obligatory to give to the
arrested person a receipt of showing the articles taken in possession by the police.

Power to seize offensive weapons: Section 52

Section 52 reads as follows: The officer or other person making any arrest under this
Code may take from the person arrested any offensive weapons which he has about his
person, and shall deliver all weapons so taken to the Court or officer before which or
whom the officer or person making the arrest is required by this Code to produce the
person arrested.
If the evidence of the investigating officer who recovered the material objects is
convincing, the evidence as to recovery need not be rejected on the ground that seizure
witnesses do not support the prosecution version.15 The evidence of recovery would not
be rejected merely because the panch witnesses turned hostile, the judicial pragmatism
requires that the evidence of police officer with regard to recovery can be relied upon if
otherwise found trustworthy and reliable.

15 Modan Singh v. State of Rajasthan, AIR 1978SC 1511.

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It may be noted that the seizure can be made by any person making arrest under this
Code.
iii.

Medical examination of accused- section 53 & 53A To facilitate effective

investigation, provision has been made authorising an examination of the arrested
person by a medical practitioner, if, from the nature of the alleged offence or the
circumstances under which it was alleged to have been committed, there is a
reasonable ground for believing that an examination of person will afford
evidence. Section 53 empowers senior police officer to compel the accused in
custody to submit to medical examination. Section 53 reads:
(1) When a person is arrested on a charge of committing an offence of such a nature
and alleged to have been committed under such circumstances that there are
reasonable grounds for believing that an examination of his person will afford
evidence as to the commission of an offence, it shall be lawful for a registered
medical practitioner, acting at the request of a police officer not below the rank of
sub-inspector, and for any person acting in good faith in his aid and under his
direction, to make such an examination of the person arrested as is reasonably
necessary in order to ascertain the facts which may afford such evidence, and to
use such force as is reasonably necessary for that purpose.

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(2) Whenever the person of a female is to be examined under this section, the
examination shall be made only by, or under the supervision of, a female registered
medical practitioner.
*[Explanation.- In this section and in sections 53A and 54,-(a) "examination" shall include the examination of blood, blood stains, semen, swabs
in case of sexual offences, sputum and sweat, hair samples and finger nail clippings
by the use of modern and scientific techniques including DNA profiling and such
other tests which the registered medical practitioner thinks necessary in a particular
case;
(b) "registered medical practitioner" means a medical practitioner who possess any
medical qualification as defined in clause (h) of section 2 of the Indian Medical
Council Act, 1956(102 of 1956) and whose name has been entered in a State Medical
Register.]
[*Substituted by The Code of Criminal Procedure (Amendment) Act, 2005.]

Question might arise as to whether this provision is violative of the constitutional

privilege against self-incrimination. The law commission after considering the
decision of the Supreme Court in State of Bombay v. Kathi Kalu Oghad 16 (Kathi
Kalu), has expressed the view that decision has the effect of confining the privilege
16 (1961) 2 CriLJ 856: AIR 1961 SC 1808.

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under Article 20(3) to only testimony written or oral. 17 Relying on the principles
laid down by the Supreme Court in the Kathu Kali case it has been held that
Section 53 is not violative of Article 20(3) and that a person cannot said to have
been compelled to be a witness against himself if he is merely required to
undergo a medical examination in accordance with the provisions of Section 53.18
The power to compel the accused to submit to medical examination is hedged in
various conditions. The object obviously is to balance the conflicting interests of
the individual and society. Examination by a medical practitioner logically take in
examination by testing his blood, sputum, semen, urine, etc. it may include X-ray
examination or taking electrocardiograph depending upon the nature of the case.19
The section itself permits use of force as is reasonably necessary for the purpose of
medical examination of the arrested person. If the process of taking such samples
is reasonable under the circumstances, then the causing the consequential
discomfort to the person is justified by the section.20
Though the section lays down a condition that the medical examination is to be
done at the instance of a police officer not below the rank of Sub-Inspector, it does

17 37th Report, p. 205.

18 Anil A. Lokhande v. State of Maharashtra, 1981 Cri.LJ 125, 130 (Bom.)
19 Neeraj Sharma v. State of U.P., 1993 CriLJ 2266. Also Bhavani Prasad Jena v. Orissa State Commission for Women, (2010) 8
SCC 633. Regarding DNA test.

20 Ibid.

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not debar other superior officers or the court concerned from exercising the said
power if it becomes necessary for doing justice in Criminal Case.
It may be useful to mention here some of the provisions of the Identification of
Prisoners Act, 1920, which like the medical examination of the accused under this
section, are helpful for police-investigations. Section 4 of the Act empowers a
Police officer to take measurements of a person arrested in connection with an
offence punishable with imprisonment which may extend to one year or more.
By giving an elaborate explanation as to the meaning of examination and
registered medical practitioner the Code of Criminal Procedure (Amendment)
Act, 2005 has inserted Sections 53-A, 54(2) and 54-A laying down procedure for
medical examination.
*[54. Examination of arrested person by medical officer. - (1) When any person
is arrested, he shall be examined by a medical officer in the service of Central or
State Government, and in case the medical officer is not available, by a registered
medical practitioner soon after the arrest is made: Provided that where the
arrested person is a female, the examination of the body shall be made only by or
under the supervision of a female medical officer, and in case the female medical
officer is not available, by a female registered medical practitioner.
(2) The medical officer or a registered medical practitioner so examining the
arrested person shall prepare the record of such examination, mentioning therein

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any injuries or marks of violence upon the person arrested, and the approximate
time when such injuries or marks may have been inflicted.
(3) Where an examination is made under sub-section (1), a copy of the report of such
examination shall be furnished by the medical officer or registered medical practitioner,
as the case may be, to the arrested person or the person nominated by such arrested
person.]
*[Substituted by the Code of Criminal Procedure (Amendment) Act, 2008]

This newly inserted section 53-A empowers investigating agency to compel

medical practitioners to help it to get the person accused of rape examined
promptly. The sub-section (2) spells out the particulars to be furnished in the report
i.

thus:
The name and the address of the accused and of the person by whom he was

ii.
iii.
iv.

brought;
The age of the accused;
Marks of injury, if any, or the person of the accused;
The description of material taken from the person of the accused of DNA profiling;

v.
vi.
vii.

and
Other material particulars in reasonable detail;
The reasons for each conclusions arrived at by the practitioner;
The exact time of commencement and completion of the examination.

The medical practitioner should send up the report to the Magistrate through the
Investigating Officer. A copy of the report should be sent to the accused.

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iv) Identification of person Arrested- Sec. 54A:

*Where a person is arrested on a charge of committing an offence and his identification
by any other person or persons is considered necessary for the purpose of investigation of
such offence, the Court, having jurisdiction, may on the request of the officer in charge of
a police station, direct the person so arrested to subject himself to identification by any
person or persons in such manner as the Court may deem fit."]
[*Inserted vide The Code of Criminal Procedure (Amendment) Act, 2005]

1. Reports of arrests to be sent to District Magistrates- Section 58

It reads as

Officers in charge of police stations shall report to the District Magistrate, or, if
he so directs, to the Sub-divisional Magistrate, the cases of all persons arrested
without warrant, within the limits of their respective stations, whether such
persons have been admitted to bail or otherwise.
The object of the report is to keep the District Magistrate etc. informed of the situation
regarding grave offences. The administration of police in a district is under the general
control and direction of the District Magistrate. Therefore the report under this section
would enable him to see whether the police are exercising their powers properly or not.

2. Discharge of persons apprehended- section 59

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Once a person is arrested by police, he can only be enlarged after taking a bond or bail
for his appearance before a Magistrate; the police cannot discharge him on their own
responsibility without the order of the Magistrate contemplated in this section is a
special order of a Magistrate under Section 167 which prescribes procedure when
investigation according to police cannot be contemplated within 24 hours.

RIGHTS OF ARRESTED PERSON

CrPC gives wide powers to the police for arresting a person. Such powers without
appropriate safeguards for the arrested person will be harmful for the society. To ensure
that this power is not used arbitrarily, several restraints have been put on it, which,
indirectly, can be seen as recognition of the rights of a person being arrested. Further,
once arrested, a person is already at a disadvantage because of his lack of freedom and so
he cannot take appropriate steps to defend himself. Thus, to meet the needs of "fair trial",
several provisions are given in CrPC, that give specific rights to an arrested person.
These

rights

can

be

described

as

follows

1. Right to know the grounds of arrest - Section 50(1) - According this provision,
every police officer or other person arresting any person without warrant shall forthwith
communicate to him full particulars of the offence for which he is arrested or other
grounds for such arrest.

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Similarly, when a subordinate officer is deputed by a senior police officer to arrest a

person under Section 55, the subordinate officer must notify the person to be arrested of
the substance of the written order given by the senior officer, which clearly specifies the
offence for which he is being arrested. The same provision exists in case of an arrest
made under a warrant in Section 75. In this case, the police officer or any person making
arrest under warrant must notify the substance of the warrant to the person being arrested
and if required, must show the warrant. As held in Satish Chandra Rai vs Jodu Nandan
Singh, ILR 26 Cal 748, if the substance of the warrant is not notified, the arrest would be
unlawful.

In Udaybhan Shuki vs State of UP 1999 CrLJ, All HC held that right to be notified of
grounds of arrest is a precious right of the arrested person. This allows him to move the
proper court for bail, make a writ petition for habeas corpus, or make appropriate
arrangements for his defence.
This right is also a fundamental right given by the Constitution in Art 22(1), which says,
"No person who is arrested shall be detained in custody without being informed, as soon
as may be, of the grounds for such arrest nor shall he be denied the right to consult, and
to be defended by, a legal practitioner of his choice.". It embodies two distinct rights - the
right to be told of the grounds of arrest and the right to consult a legal practitioner of his
choice. The second right of consulting a legal practitioner of his choice actually depends

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on the first right of being told about the grounds of arrest. If the person doesn't know why
he is being arrested, he cannot consult a legal practitioner meaningfully. In Harikishan
vs State of Maharashtra AIR 1962, SC held that the grounds of arrest must be
communicated to the person in the language that he understands otherwise it would not
amount

to

sufficient

compliance

of

the

constitutional

requirement.

2. Right to be informed of the provision for bail - Section 50(2) - Some offences that
are not very serious do not require the offender to be kept in custody. For such offences,
Cr P C allows the offender to ask for bail as a matter of right. However, not every person
knows about Cr P C and so they cannot know that they can get bail immediately.
Thus, Section 50(2) provides that where a police officer arrests any person other than a
person accused of a non-bailable offence without warrant, he shall inform the person
arrested that he is entitled to be released on bail and that he may arrange for sureties on
his behalf.
3. Right to be taken to magistrate without delay - Holding a person in custody without
first proving that the person is guilty is a violation of human rights and is completely
unfair. At the same time, holding a person in custody is necessary for the police to carry
on their investigation of a crime. These two are contradictory requirements and a balance
must be found between them. Since police has arrested the person, it cannot be the
agency that determines whether person must be kept confined further. This can only be

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decided by a competent judicial authority. This is exactly what is embodied in Art

22(2) that gives a fundamental right to the arrested person that he must be produced
before a magistrate within 24 hours of arrest. It says, "Every person who is arrested and
detained in custody shall be produced before the nearest magistrate within a period of
twenty-four hours of such arrest excluding the time necessary for the journey from the
place of arrest to the court of the magistrate and no such person shall be detained in
custody

beyond

the

said

period

without

the

authority

of

magistrate."

Section 57 of CrPC also contains a similar provision for a person arrested without a
warrant. It says, "No police officer shall detain in custody a person arrested without
warrant for a longer period than under all the circumstances of the case is reasonable, and
such period shall not, in the absence of a special order of a Magistrate under Section 167,
exceed twenty four hours exclusive of the time necessary for the journey from the place
of arrest to the Magistrate's court."
Section 76 contains a similar provision for a person arrested under a warrant. It says,
"The police officer or other person executing a warrant of arrest shall (subject to the
provisions of section 71 as to security) without unnecessary delay bring the person
arrested before the court before which he is required by law to produce such person.
Provided that such delay shall not, in any case, exceed twenty-four hours exclusive of the
time necessary for the journey from the place of arrest to the Magistrate's court."

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Thus, it can be see that it is a very important right that is meant to prevent abuse of police
power and to prevent the use of a police station as a prison. It prevents arrest merely for
the purpose of extracting confessions. The arrested person gets to be heard by a judicial
authority that is independent of the police.
In Khatri (II) vs State of Bihar 1981 SCC, SC has strongly urged upon the State and its
police to ensure that this constitutional and legal requirement of bringing an arrested
person before a judicial magistrate within 24 hours be scrupulously met. This is a healthy
provision that allows magistrates to keep a check on the police investigation. It is
necessary that the magistrates should try to enforce this requirement and when they find it
disobeyed, they should come heavily upon the police.
Further, in Sharifbai vs Abdul Razak, AIR 1961, SC held that if a police officer fails to
produce an arrested person before a magistrate within 24 hours, he shall be held guilty of
wrongful detention.
Constitutional Perspective on Art 22(2) - On the face of it, this article seems to be
applicable on arrests with or without warrants. However, in State of Punjab vs Ajiab
Singh AIR 1953, SC observed that it applies only to cases of arrests without warrant
because in case of an arrest with warrant, the judicial mind has already been applied
while issuing the warrant. So further safeguard is not required. This decision has been
widely criticized. In any case, the proviso to Section 76 unmistakably provides that a

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person arrested under a warrant must be produced before a magistrate within 24 hours.

4. Right to consult Legal Practitioner - Art 22 (1) - For conducting a fair trial it is
absolutely necessary that the accused person is able to consult with a legal practitioner
whom he trusts. Second part of Article 22(1) gives this fundamental right to an arrested
person. It says that no person who is arrested shall be denied the right to consult, and to
be defended by, a legal practitioner of his choice. However, this does not mean that the
State must provide a legal practitioner of the person's choice. It is up to the arrested
person to contact and appoint a such a legal practitioner. The State's responsibility is only
to ensure that he is not prevented from doing so.
The same right is also provide by CrPC under Section 303, which says, "Any person
accused of offence before a Criminal Court or against whom proceedings are instituted
under this Code, may of right be defended by a pleader of his choice."

5. Right to free legal aid - Art 21 and Section 304 - A person who does not have the
means to hire a legal practitioner is unable to defend himself appropriately. This casts a
cloud on the fairness of the trial. Therefore, Section 304 provides that where, in a trial
before the Court of Session, the accused is not represented by a pleader, and where
appears to the Court that the accused has not sufficient means to engage a pleader; the
Court shall assign a pleader for his defence at the expense of the State. In Khatri (II) vs

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State of Bihar 1981 SCC, Supreme Court has also held that access to a legal practitioner
is implicit in Article 21, which gives fundamental right to life and liberty. The state is
under constitutional mandate to provide free legal aid to an indigent accused person and
this constitutional obligation arises not only when the trial is commenced but also when
the person is first produced before a magistrate and also when he is remanded from time
to time. In Suk Das vs Union Territory of Arunachal Pradesh 1986, SCC, SC has held
that non-compliance of this requirement or failure to inform the accused of this right
would vitiate the trial entailing setting aside of the conviction and sentence. The right of
an accused person to consult his lawyer begins from the moment of his arrest. The
consultation with the lawyer may be within the presence of a police officer but not within
the police officer's hearing. SC also held that it is the duty on all courts and magistrates to
inform

the

indigent

person

about

his

right

to

get

free

legal

aid.

6. Right to be informed about the right to inform of his arrest to his relative or
friend In order to ensure a fair trial and to improve people-police relationship, the Supreme
Court, in Joginder Kumar vs State of UP 1994, formulated the rules that make it
mandatory on the police officer to inform one friend, relative, or any other person of the
accused person's choice, about his arrest. These rules were later incorporated in CrPC
under section 50 A in 2005.

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Section 50 A (1) provides that once the arrested person is brought to the police station,
the police officer must inform a relative or a friend, or any other person of the arrested
person's choice, about his arrest. He must also tell the place where the arrested person has
been kept. This is a very important step in ensuring justice with the arrested person
because this allows the arrested person and his well-wishers to take appropriate legal
steps to secure his release. However, all this will amount to nothing if the arrested person
does not even know about this very critical right. Thus, Section 50 A (2) provides that the
police officer must inform the arrested person of this right. Further, as per Section 50 A
(3) he must note down the name and address of the person who was informed about the
arrest. To make sure that there is no violation of this right, section 50 A (4) makes it a
duty of the magistrate to verify that the provisions of this section were complied with.

7. Right to be examined by a medical practitioner - While Section 53 allows a police

officer to get the accused examined by a registered medical practitioner, Section
54(1) gives the accused a right to get himself examined by a registered medical
practitioner. Section 54 (1) says thus, "When a person who is arrested, whether on a
charge or otherwise, alleges, at the time when he is produced before a Magistrate or at
any time during, the period of his detention in custody that the examination of his body
will afford evidence which will disprove the commission by him of any offence or which
Magistrate shall, if requested by the arrested person so to do direct the examination of'

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the body of such person by a registered medical practitioner unless the Magistrate
considers that the request is made for the purpose of vexation or delay or for defeating the
ends of Justice". While Section 53 is meant to aid the police in investigation, Section
54(1) is meant for the accused to prove his innocence. This right can also be used by the
accused to prove that he was subjected to physical injury.
In Sheela Barse vs State of Maharashtra 1983 SCC, SC held that the arrested accused
person must be informed by the magistrate about his right to be medically examined in
terms of Section 54(1).
However, it is not clear in the section whether the medical person must be of the choice
of the accused or shall be appointed by the magistrate. The section is also silent on who
will bear the expense of the examination.
Non-compliance to this important provision prompted Delhi High court to issue
directions that make it obligatory for the magistrates to ask the arrested person as to
whether he has any complaint of torture or maltreatment in police custody.
7. Right of not being detained for more than 24 hours without judicial scrutiny
Where arrest is without warrant or under warrant, the arrested person must be bought
before the Magistrates or Court within 24 hours. Section 57 provides Person arrested
not to be detained more than twenty-four hours.- No police officer shall detain in
custody a person arrested without warrant for a longer period than under all the
circumstances of the case is reasonable, and such period shall not, in the absence of a

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special order of a Magistrate under section 167, exceed twenty-four hours exclusive of
the time necessary for the journey from the place of arrest to the Magistrate's Court.

CERTAIN PEOPLE IMMUNE FROM ARREST

Section 45 talks about certain persons who are free from the power of arrest. Here is the
section 45 Protection of members of the Armed Forces from arrest.- (1)
Notwithstanding anything contained in sections 41 to 44 (both inclusive), no member of
the Armed Forces of the Union shall be arrested for anything done or purported to be done
by him in the discharge of his official duties except after obtaining the consent of the
Central Government.

(2) The State Government may, by notification, direct that the provisions of sub-section
(1) shall apply to such class or category of the members of the Force charged with the
maintenance of public order as may be specified therein, wherever they may be serving,
and thereupon the provisions of that sub-section shall apply as if for the expression
"Central Government" occurring therein, the expression "State Government" were
substituted.

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*------*********-----*