Arrest Under CrPC
Arrest in the legal sense under CrPC means taking into custody of another person under the authority of law for the purpose of holding and detaining him to answer a criminal charge and preventing the commission of an offence.
Section 46 of CrPC prescribes the mode of arrest. The words ‘arrest’ and ‘custody’ are not synonyms. In every arrest, there is custody, but vice versa is not true.
According to this section, an arrest of a person consists (except in the case of submission) of the actual seizure or touching of the body of a person with a view to his detention.
In the case of Birendra Kr Rai vs. UOI, 1992, the Supreme Court held that it is not necessary to handcuff a person. But could be completed even by spoken words, if a person submits to the custody.
Arrest without warrant
The provisions of Section 50 of CrPC are mandatory. Where a person is arrested without any warrant, he should be immediately informed to the particulars of the offence and ground of his arrest, and where the offence is bailable, it is his right to be released on bail.
Search of the Arrested Person
Section 51 of CrPC makes provision regarding search of the arrested person and making an inventory of the articles found upon him.
Kasturi Lal vs. the State of UP, 1965
It was held that when a person is arrested on suspicion that he was carrying stolen property and the property found on the search is seized, such seizure shall be reported to a magistrate.
Mahadev vs. the State of Uttar Pradesh
Taking of signature of the person searched on the memo of the recovery list is not required by this section. And even if the recovery memo is not signed by the accused, then the search is not illegal.
Medical Examination
Section 53 of CrPC provides that a medical examination will be done at the request of a police officer, not below the rank of Sub Inspector (S.I).
Anil A Lokhande vs. the State of Maharashtra, 1981
Supreme Court held that if it is necessary for doing justice, then police officer or court can exercise such power.
Explanation: Here examination means-
Examination of blood, bloodstains semen, swabs in case of sexual offences, sputum, hair samples, sweat, fingernail clippings by the use of modern and scientific techniques.
Swab- an absorbent pad or piece of material used in surgery and medicine for cleaning wounds, applying the medication, or taking specimens. Sputum- a mixture of saliva and mucus coughed up from the respiratory tract.
With the scientific advancements in India, DNA Profiling also comes under the ambit of examination under section 53.
Examination of the Person Accused of Rape by a Medical Practitioner (on Request of Police Officer)
On the request of police officer not below the rank of sub-inspector, the examination may be conducted by a government medical practitioner. But if the government medical practitioner is not on the radius of 16 km from the place where the offence is committed, the examination may be conducted by any medical practitioner. (Read from bare act Section 53A, CrPC)
Examination of arrested person by medical practitioner at the request of the arrested person. (As a Right)
Section 54 of CrPC confers on the arrested person the right to have his medical examination done.
DJ Vaghela vs. Kanti Bhai Jetha Bhai: This section protects the arrested person from physical torture and maltreatment in police custody.
Sheela Barse vs. the State of Maharashtra (Important case): Supreme Court has warned the lower courts not to adopt a casual approach to custodial torture.
Presented Before the Nearest Magistrate
Section 57 of CrPC says that, a person detained in custody must be presented before the nearest magistrate within 24 hours of his arrest. The period of 24 hours does not include the time necessary for the journey from the place of arrest to the magistrate.
The purpose of this section is to ensure that accused is presented before a magistrate competent to try with a minimum possible delay.
Supreme Court Guidelines for Arrest and Detention
In the case of, D.K Basu vs. the State of West Bengal, 1996 the Supreme Court issued a list of eleven guidelines in all cases of arrest and detention.
Date of judgement- 18-12-1996 Justice- Kuldeep Singh, A.S Anand
The eleven Supreme Court guidelines related to arrest and detention are:-
Another important case on police custody is Nilabati Behra vs. State of Odisha.