1. Subs. by Act 5 of 2009, s. 5, for cls. (a) and (b) (w.e.f. 1-11-2010).
2. Ins. by Act 41 of 2010, s. 2 (w.e.f. 2-11-2010).
3. Subs. by Act 5 of 2009, s. 5, for sub-section (2) (w.e.f. 1-11-2010).

Study Notes

Section 41 of the Code of Criminal Procedure (CrPC) outlines the circumstances under which a police officer may arrest a person without a warrant:

-Arrest for a cognizable offence committed in the presence of a police officer: A police officer can arrest a person without a warrant if they witness the person committing a cognizable offence.

Arrest for a cognizable offence punishable with imprisonment for a term up to seven years: If a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that a person has committed a cognizable offence punishable with imprisonment for a term up to seven years, a police officer may arrest the person without a warrant. However, certain conditions must be met, including:

• The police officer must have reason to believe that the person has committed the offence based on the complaint, information, or suspicion.
• The arrest must be necessary to prevent the person from committing any further offence, for proper investigation of the offence, to prevent the person from causing evidence to disappear or tampering with it, to prevent the 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 to ensure the person’s presence in court whenever required.
• The police officer must record the reasons for the arrest in writing.
• If the arrest is not required under these provisions, the police officer must record the reasons in writing for not making the arrest.

-Arrest for a cognizable offence punishable with imprisonment for a term more than seven years, death sentence, or proclaimed offender: If credible information has been received that a person has committed a cognizable offence punishable with imprisonment for a term more than seven years, death sentence, or has been proclaimed as an offender, a police officer may arrest the person without a warrant if they have reason to believe based on that information that the person has committed the offence.

-Arrest for possession of stolen property or obstruction of police officer: A police officer can arrest a person without a warrant if they are in possession of anything that may reasonably be suspected to be stolen property and may be suspected of having committed an offence with reference to such thing. They can also arrest a person who obstructs a police officer while in the execution of their duty or who has escaped or attempts to escape from lawful custody.

-Arrest for being a deserter or breaching rules: A police officer can arrest a person without a warrant if they are reasonably suspected of being a deserter from any of the Armed Forces of the Union or have breached any rule made under sub-section (5) of section 356.

-Arrest for act committed outside India: A police officer can arrest a person without a warrant who has been concerned in, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of their having been concerned in any act committed at any place out of India which, if committed in India, would have been punishable as an offence, and for which they are, under any law relating to extradition, or otherwise, liable to be apprehended or detained in custody in India.

-Arrest based on requisition from another police officer: A police officer can arrest a person without a warrant if they receive a requisition, whether written or oral, from another police officer specifying the person to be arrested and the offence or other cause for which the arrest is to be made, and it appears that the person might lawfully be arrested without a warrant by the officer who issued the requisition.

However, if a person is concerned in a non-cognizable offence, or a complaint has been made or credible information has been received, or reasonable suspicion exists of their having so concerned

1. Ins. by s. 6, ibid. (w.e.f. 1-11-2010).
2. Subs. by Act 41 of 2010, s. 3, for “The police officer may” (w.e.f. 2-11-2010).
3. Subs. by s. 3, ibid. (w.e.f. 2-11-2010).

Study Notes

Section 41A of the Code of Criminal Procedure, 1973, lays down the provisions related to the notice of appearance before a police officer. Here are the detailed notes :

Section and Title:
-Section 41A – Notice of appearance before police officer.
-Inserted by Code of Criminal Procedure CrPC Amendment Act, 2008 (5 of 2009)

Provision:
-The police officer shall issue a notice directing the person 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, to appear before him or at such other place as may be specified in the notice.

Objective:
-The objective of this provision is to reduce unnecessary arrests and harassment of individuals who are not required to be arrested by the police.

Circumstances when the notice is to be issued:
-The notice is to be issued when the arrest of a person is not required under the provisions of subsection (1) of section 41 of the Code. The circumstances when the notice is to be issued are as follows:
-A reasonable complaint has been made against the person.
-Credible information has been received against the person.

-A reasonable suspicion exists that the person has committed a cognizable offence.

Duty of the person to comply with the notice:
-It is the duty of the person against whom the notice has been issued to comply with the terms of the notice. If the person complies and continues to comply with the notice, he shall not be arrested in respect of the offence mentioned in the notice, unless the police officer is of the opinion that he ought to be arrested for reasons to be recorded.

Failure to comply with the notice:
-If the person fails to comply with the terms of the notice or is unwilling to identify himself, the police officer may, subject to such orders as may have been passed by a competent court in this behalf, arrest him for the offence mentioned in the notice.

Example:
Suppose, a police officer receives credible information that a person, named Rohit, has committed a cognizable offence. Instead of arresting Rohit, the police officer issues a notice directing him to appear before him on a specified date and time. If Rohit complies with the notice and continues to comply with it, he shall not be arrested. However, if Rohit fails to comply with the notice, the police officer may arrest him subject to orders passed by a competent court in this regard.

Study Notes

Section 41B of the Criminal Procedure Code outlines the procedures that a police officer must follow while making an arrest. The following are the detailed notes on this section:

(a) Identification of the police officer: Every police officer making an arrest must bear an accurate, visible, and clear identification of his name, which will facilitate easy identification. This means that the officer must have some form of identification, such as a name tag or a badge, that clearly shows his name.

(b) Memorandum of arrest: The police officer making the arrest must prepare a memorandum of arrest, which should contain the following details:

(i) It must be attested by at least one witness, who is either a member of the family of the person arrested or a respectable member of the locality where the arrest is made.

(ii) It must be countersigned by the person arrested.

Example: If the police arrest Mr. Raju in connection with a theft case, the arresting officer must prepare a memorandum of arrest that contains the details of the arrest, such as the time, date, and place of arrest, the reason for the arrest, and the name of the arresting officer. The memorandum should be attested by a member of Mr. Raju’s family or a respectable member of the locality, and Mr. Raju should sign it.

(c) Information about the arrest: The police officer making the arrest must 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. This means that the person arrested has a right to inform his family or friend about his arrest.

Example: When the police arrest Mr. Gupta, they must inform him that he has a right to inform his family or friend about his arrest, unless a member of his family has already attested to the memorandum of arrest.

Study Notes

Section 41C of the Criminal Procedure Code specifies the establishment and functioning of police control rooms at the district and state levels. Here are the detailed notes headwise with examples:

-Establishment of police control rooms:

• The State Government is responsible for establishing a police control room in every district and at the state level.
• These control rooms serve as a communication hub for the police department, enabling them to receive and respond to emergency calls, alerts, and complaints from the public.
• For example, if someone witnesses a crime or is in need of emergency assistance, they can dial the police control room number and report the incident.

-Display of information:

• The State Government is responsible for ensuring that the names and addresses of the persons arrested and the name and designation of the police officers who made the arrests are displayed on the notice board kept outside the control rooms at every district.
• This is to ensure transparency and accountability in the arrest and detention process, as well as to inform the general public of the police department’s activities.
• For example, if someone is arrested in a particular district, their name and address, along with the name and designation of the arresting police officer, will be displayed on the notice board outside the district’s police control room.

-Maintenance of database:

• The control room at the Police Headquarters at the State level shall collect details about the persons arrested, nature of the offence with which they are charged, and maintain a database for the information of the general public.
• This is to ensure that the general public has access to information about the arrest and detention of individuals, as well as to help track criminal activity in the state.
• For example, if someone is arrested and charged with a particular offence in a particular district, that information will be collected and stored in the database maintained by the state-level police control room.

Study Notes

Section 41D of the Criminal Procedure Code (CrPC) establishes the right of an arrested person to meet an advocate of his choice during interrogation. Here are the detailed notes:

1. Right to meet an advocate: An arrested person has the right to meet an advocate of his/her choice during interrogation by the police. This right is guaranteed by Section 41D of the CrPC.
2. Meeting during interrogation: The arrested person can meet the advocate during interrogation, but not necessarily throughout the interrogation. It is important to note that the right to meet the advocate is not restricted to a particular stage of the interrogation process.
3. Advocate of the arrested person’s choice: The arrested person has the right to meet an advocate of his/her choice. This means that the police cannot force the arrested person to meet a particular advocate or deny him/her the right to meet a specific advocate.
4. Protection of rights: The right to meet an advocate during interrogation is intended to protect the rights of the arrested person. It enables the arrested person to have legal assistance and advice during the interrogation process.

Example: Suppose the police arrest Mr. X on charges of theft and interrogate him. During interrogation, Mr. X requests to meet his advocate, Mr. Y. The police must allow Mr. X to meet Mr. Y during the interrogation process.

Suppose the police deny Mr. X the right to meet Mr. Y and force him to meet a different advocate, Mr. Z. In that case, Mr. X can challenge the denial of his right to meet an advocate of his choice under Section 41D of the CrPC.

Study Notes

Section 42 of the Criminal Procedure Code outlines the provisions related to the arrest of a person who refuses to give their name and residence in the presence of a police officer. The following are the key points to note:

1. Non-cognizable offence: The section applies only in cases where a person has committed or has been accused of committing a non-cognizable offence.
2. Refusal to give name and residence: If a person refuses to give their name and residence when demanded by a police officer in the presence of the officer, the officer may arrest them.
3. Ascertainment of name and residence: The purpose of the arrest is to ascertain the person’s name and residence. Once the true name and residence have been ascertained, the person must be released.
4. Bond and sureties: The person may be released on executing a bond with or without sureties, to appear before a Magistrate if required.
5. Bond for non-resident: If the person is not a resident of India, the bond must be secured by a surety or sureties who are residents of India.
6. Failure to ascertain name and residence: If the person’s true name and residence are not ascertained within 24 hours, or if the person fails to execute the bond or furnish sufficient sureties when required, they must be forwarded to the nearest Magistrate having jurisdiction.

Example: A police officer is investigating a complaint of theft. During the course of the investigation, he questions a person who is suspected to have information about the theft. The person refuses to give their name and residence, even when asked multiple times. The police officer can arrest the person under Section 42 to ascertain their name and residence.

Study Notes

Section 43 of the Criminal Procedure Code deals with the arrest of a person by a private individual and the subsequent procedures that need to be followed. The notes on this section can be made as follows:

-Arrest by a private person:

• Any private person can arrest or cause to be arrested any person who commits a non-bailable and cognizable offence in his presence or any proclaimed offender.
• The arrest must be made without unnecessary delay.
• Example: If a person is caught stealing in a shop by the shop owner, the owner can arrest the person and hand him over to the police.

-Handing over the arrested person:

• The private person must make over or cause to be made over the arrested person to a police officer.
• In the absence of a police officer, the person should be taken to the nearest police station.
• Example: If a private person arrests someone for committing a crime in his presence, he must hand over the person to the nearest police officer or police station.

-Re-arrest if under Section 41:

• If the police officer has reason to believe that the person comes under the provisions of Section 41, he shall re-arrest the person.
• Example: If a private person arrests a person who is suspected of terrorism, the police officer who takes over the arrested person must re-arrest him under Section 41.

-Dealing with non-cognizable offence:

• If the person has committed a non-cognizable offence and refuses to give his name and residence or gives false information, he shall be dealt with under Section 42.
• If there is no sufficient reason to believe that the person has committed any offence, he shall be released immediately.
• Example: If a private person arrests someone for a non-cognizable offence and the person refuses to give his name and address, the police officer must deal with the person under Section 42. If there is no evidence to suggest that the person has committed an offence, he must be released immediately.

Study Notes

Section 44 of the Criminal Procedure Code (CrPC) pertains to the power of a Magistrate to make an arrest in certain circumstances. The section can be broken down into the following points:

-Arrest by Magistrate: If an offence is committed in the presence of a Magistrate, whether Executive or Judicial, within his local jurisdiction, he has the power to arrest the offender or order any person to arrest the offender.

For example, if a Magistrate is present at a public place and witnesses a person committing a crime such as theft, he can arrest the offender on the spot or order someone else to do so.

-Committal to custody: After the arrest has been made, the Magistrate may subject to the provisions in the CrPC related to bail, commit the offender to custody.

For instance, if a Magistrate has arrested a person for committing an offence in his presence, he may commit the offender to custody until he appears before a court and is granted bail.

-Power to direct arrest: Any Magistrate, whether Executive or Judicial, can also arrest or direct the arrest of any person within his local jurisdiction if he is competent at the time and in the circumstances to issue a warrant for that person’s arrest.

For example, if a Magistrate has information that a person has committed a serious crime and there is a warrant for that person’s arrest, he can arrest or direct the arrest of that person if he is within his local jurisdiction.

Overall, Section 44 gives a Magistrate the power to make an arrest in certain situations and commit the offender to custody if necessary. The section also allows a Magistrate to direct the arrest of a person if he is competent to issue a warrant for that person’s arrest.

Study Notes

Protection of members of the Armed Forces from arrest:

• Arrest of Armed Forces members: 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 without obtaining the consent of the Central Government.
• Applicability to specific members: The State Government may, through a notification, specify the class or category of members of the Force charged with the maintenance of public order to whom sub-section (1) shall apply. In such cases, the provisions of sub-section (1) shall apply as if the expression “Central Government” were replaced with “State Government.”

Example: If a member of the Armed Forces of the Union is involved in a situation where he uses force to maintain public order, and it is claimed that he has used excessive force, then he cannot be arrested without obtaining the consent of the Central Government or the State Government, as the case may be.

1. Ins. by Act 5 of 2009, s.7 (w.e.f. 31-12-2009).
2. Ins. by Act 25 of 2005, s. 6 (w.e.f. 23-6-2006).

Study Notes

Section 46 of the Criminal Procedure Code lays down the provisions for how an arrest should be made. The following are the key points under this section:

• Manner of arrest: The police officer or any other person making the arrest should actually touch or confine the body of the person to be arrested, unless the person submits to custody by word or action.

Example: If a person is accused of theft and is present at the spot, the police officer or any other person can arrest the accused by touching or confining their body.

• Use of force: If the person being arrested forcibly resists the arrest or attempts to evade arrest, the police officer or any other person making the arrest may use all means necessary to effect the arrest.

Example: If a person is accused of murder and tries to flee, the police officer or any other person can use force to arrest them.

• Prohibition on causing death: This section prohibits the use of excessive force that may cause the death of a person who is not accused of an offence punishable with death or imprisonment for life.

Example: A person accused of theft cannot be subjected to any physical violence or harm that may cause their death.

• Arrest of women: In general, women cannot be arrested after sunset and before sunrise. However, if exceptional circumstances exist, a woman police officer should obtain prior permission from the Judicial Magistrate of the first class within whose local jurisdiction the offence is committed or the arrest is to be made.

Example: If a woman is accused of committing a serious crime and there is a danger to public safety, a woman police officer can obtain permission to arrest her even after sunset and before sunrise.

Overall, Section 46 sets out the rules and regulations governing the manner of arrest, the use of force, and the prohibition on causing death, and the special provisions relating to the arrest of women.

Study Notes

Section 47 of the Code of Criminal Procedure (CrPC) deals with the search of a place entered by a person sought to be arrested. The section is divided into three subsections, which are explained below:

• Subsection (1): According to this subsection, if a person acting under warrant of arrest or any police officer having the authority to arrest has reason to believe that the person to be arrested has entered into, or is within, any place, then any person residing in or being in charge of such a place must allow free ingress and afford all reasonable facilities for a search, on demand of such person acting as aforesaid or such police officer.

Example: A police officer has a warrant to arrest a suspect who he believes is hiding in a house. The police officer arrives at the house and demands to be let in to search for the suspect. The person in charge of the house must allow the police officer to enter and provide all reasonable facilities for the search.

• Subsection (2): If ingress to the place cannot be obtained under subsection (1), then it shall be lawful 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. The police officer may also break open any outer or inner door or window of any house or place to effect an entrance if he cannot obtain admittance after notifying his authority and purpose and making a demand of admittance.

Example: The police officer in the above example is not allowed entry into the house despite making a demand for search. In this case, he can use force to break open the door or window to enter the house and search for the suspect.

• Subsection (3): This subsection states that 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 to liberate himself or any other person who, having lawfully entered for the purpose of making an arrest, is detained therein.

Example: A police officer lawfully enters a house to make an arrest but is then locked inside by the suspects. In such a case, the police officer is authorised to break open any outer or inner door or window of the house to free himself or any other person detained therein.

Study Notes

Section 48 of the Code of Criminal Procedure (CrPC) allows a police officer to pursue and arrest any person without a warrant, even if the person has fled to another jurisdiction in India.

1. Authority to arrest without warrant: Section 48 applies when a police officer is authorised to arrest a person without a warrant under the CrPC or any other law.
2. Pursuit into any place in India: The section allows the police officer to pursue the person into any place in India, even if it is outside their jurisdiction. This means that the police officer can cross state borders if necessary to make the arrest.
3. Purpose of arrest: The pursuit must be for the purpose of making the arrest. If the police officer is pursuing the person for any other reason, such as to harass them or conduct an illegal search, it would not be covered under Section 48.

Example: If a police officer in Delhi is authorised to arrest a person without a warrant for a crime committed in Delhi and the person has fled to Mumbai, the police officer can pursue and arrest the person in Mumbai under Section 48.

Study Notes

• Section 49 of the Code of Criminal Procedure, 1973 states that the person arrested should not be subjected to more restraint than what is necessary to prevent his escape.
• The purpose of the section is to prevent any unnecessary harm or injury to the person being arrested.
• The section is applicable to all forms of arrests, whether with or without a warrant.
• Example:Suppose a police officer arrests a person for a non-bailable offence. The police officer cannot use excessive force or restrain the person in a manner that causes harm or injury. The police officer should only use the necessary force to prevent the person from escaping.

Study Notes

Section 50 of the Code of Criminal Procedure (CrPC) lays down the provisions related to informing the person arrested about the grounds of arrest and their right to bail. Here are the detailed notes :

Communication of grounds of arrest:

• Any police officer or person arresting an individual without a warrant is required to communicate the full particulars of the offence for which the individual is arrested or the other grounds for such an arrest.
• This provision is important to ensure that the person being arrested understands why they are being detained and can exercise their legal rights effectively.

-Right to be informed about bail:

• When a police officer arrests an individual without a warrant for a non-bailable offence, they must inform the person about their right to be released on bail.
• The police officer must also inform the person that they can arrange for sureties on their behalf, which means that they can ask others to provide a guarantee that they will appear for their trial.
• This provision is important to ensure that the person being arrested knows about their right to apply for bail and can take necessary steps to secure it.

Example:

Suppose a police officer arrests Mr. X without a warrant on charges of theft. As per Section 50 of the CrPC, the police officer must immediately communicate the grounds of arrest to Mr. X. The police officer must also inform Mr. X about his right to be released on bail if the offence is bailable and how he can arrange for sureties on his behalf.

Note: It is important to note that the provisions of Section 50 apply to arrests made without a warrant. If an arrest is made with a warrant, the grounds for arrest are already communicated through the warrant itself.

1. Ins. by s. 7, ibid. (w.e.f. 23-6-2006).

Study Notes

Section 50A of the Code of Criminal Procedure mandates certain obligations on the person making an arrest. The following are the detailed notes:

-Obligation to inform about arrest: Every police officer or person making an arrest under this Code must inform any friend, relative, or person nominated by the arrested person about the arrest and the place where the arrested person is being held.

-Duty to inform the arrested person: The police officer must inform the arrested person of his rights under sub-section (1) as soon as he is brought to the police station.

-Record of information: The police station must maintain a book with an entry of the information regarding the arrest and the person who has been informed of the same.

-Duty of the Magistrate: The Magistrate before whom the arrested person is produced must ensure that the requirements of sub-section (2) and sub-section (3) have been complied with.

Example: If a person is arrested without a warrant, the police officer making the arrest must immediately inform a friend, relative or a nominated person of the arrested person about the arrest and the place where he is being held. The police officer must also inform the arrested person about his right to be released on bail if the person is arrested for a bailable offence. The police station must maintain a book with an entry of the person who has been informed about the arrest, and the Magistrate before whom the arrested person is produced must verify that the requirements of sub-section (2) and sub-section (3) have been complied with.

Note: This provision was added to the Code of Criminal Procedure in 2006 and aims to bring the law in conformity with Article 22(1) of the Indian Constitution.

Study Notes

Section 51 of the Code of Criminal Procedure lays down the provisions for the search of an arrested person. The section can be divided into the following points:

-Arrests under warrant or without warrant: A person can be arrested with or without a warrant. If a person is arrested 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, or if a person is arrested without a warrant, the officer making the arrest or the police officer to whom the person arrested is made over by a private person may search such person.
Example: If a person is arrested without a warrant for committing a theft, the police officer can search the person to look for any evidence related to the theft.

-Search of the arrested person: The police officer making the arrest or the police officer to whom the person arrested is made over by a private person may search the arrested person. However, only articles other than necessary wearing-apparel found upon him can be placed in safe custody.
Example: If a person is arrested for carrying a weapon, the police officer can search the person and take the weapon in possession.

-Receipt of articles seized: Whenever 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.
Example: If a person is arrested for carrying drugs, the police officer can search the person and take the drugs in possession. The police officer shall provide a receipt of the drugs seized to the person arrested.

-Punishment for causing obstruction:If a person voluntarily obstructs a search made under section 51 of the Code of Criminal Procedure, they can be punished under section 186 of the Indian Penal Code. Section 186 states that whoever voluntarily obstructs any public servant in the discharge of their public functions shall be punished with imprisonment for a term which may extend up to three months, or with a fine which may extend up to five hundred rupees, or with both.

-Search of females: Whenever it is necessary to cause a female to be searched, the search shall be made by another female with strict regard to decency.
Example: If a female is arrested for carrying illegal substances, the search of the female shall be conducted by a female police officer with strict regard to decency.

Study Notes

Section 52 of the Criminal Procedure Code empowers the officer or any person making an arrest to seize any offensive weapon found in the possession of the person arrested.

• Power to seize offensive weapons: The section gives power to the officer or any person making an arrest to seize any offensive weapon found in the possession of the person arrested.
• Delivery of weapons to Court or officer: The weapons seized should be delivered 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.

Example: A police officer arrests a person who is carrying a knife in his pocket. The officer has the power to seize the knife from the arrested person and must deliver it to the Court or officer before whom the arrested person is produced.

1 Subs. by Act 25 of 2005, s. 8, for the Explanation (w.e.f. 23-6-2006).

Study Notes

Section 53 of the Criminal Procedure Code (CrPC) lays down the procedure for the examination of an accused by a medical practitioner at the request of a police officer. The key points of the section are as follows:

• Nature of Offence: 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.

Example: A person is arrested for sexual assault, and there are reasonable grounds for believing that an examination of his person will afford evidence as to the commission of the offence.

• Request by Police Officer: 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.

Example: A police officer not below the rank of sub-inspector requests a registered medical practitioner to examine the accused to ascertain the facts that may afford evidence of the commission of the offence.

• Examination of Females: 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.

Example: If a female accused is to be examined, the examination shall be conducted only by or under the supervision of a female registered medical practitioner.

• Explanation: The section provides an explanation for two key terms used in this section and two other related 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.

Example: A registered medical practitioner may use modern and scientific techniques such as DNA profiling to examine the accused.

(b) “Registered medical practitioner” means a medical practitioner who possesses 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.

1. Ins. by s. 9, ibid. (w.e.f. 23-6-2006).

Study Notes

Introduction:

• Section 53A is a new provision added to the Code of Criminal Procedure (CrPC) in 2005.
• The purpose of this section is to provide statutory sanction to the medical examination of a person accused of a sexual offence, particularly in cases where forensic evidence can be crucial to the investigation.

-Conditions for Examination:

• This section allows for the medical examination of a person arrested on a charge of committing an offence of rape or attempted rape.
• The examination must be conducted by a registered medical practitioner employed in a government hospital or by a local authority.
• If such a practitioner is not available within a radius of 16 kilometres from the place where the offence was committed, any other registered medical practitioner may conduct the examination.
• The examination must be conducted at the request of a police officer not below the rank of a sub-inspector and any person acting in good faith in his aid and under his direction.

Details to be included in the report:

• The registered medical practitioner conducting the examination must prepare a report without delay.
• The report should include the name and address of the accused and the person who brought him, the age of the accused, and any marks of injury on the accused’s person.
• Additionally, the report must describe the material taken from the accused’s person for DNA profiling, as well as other material particulars in reasonable detail.
• The report should also state the reasons for each conclusion arrived at and note the exact time of commencement and completion of the examination.

-Submission of report:

• The registered medical practitioner must forward the report to the investigating officer without delay.
• The investigating officer must then forward the report to the Magistrate referred to in section 173 as part of the documents referred to in clause (a) of subsection (5) of that section.

Conclusion:

• Section 53A provides statutory sanction to the medical examination of a person accused of a sexual offence to gather crucial forensic evidence.
• The provision ensures that the examination is conducted by a registered medical practitioner and that a detailed report is prepared and submitted to the investigating officer and the Magistrate.

This section should be read along with :-

S.376 I.P.C

1. Subs. by Act 5 of 2009, s. 8, for section 54 (w.e.f. 31-12-2009).

Study Notes

Section 54 of the Code of Criminal Procedure, 1973 deals with the examination of arrested persons by a medical officer. Here are the detailed notes:

• Purpose of examination:

The primary objective of the examination is to document any injuries or marks of violence on the person arrested and to determine the approximate time when such injuries or marks may have been inflicted.

• Who conducts the examination:

When any person is arrested, he shall be examined by a medical officer in the service of the Central or State Government. In case a medical officer is not available, the examination shall be conducted by a registered medical practitioner.

• Examination of female arrested persons:

If the arrested person is a female, the examination of her body shall be made only by or under the supervision of a female medical officer. In case a female medical officer is not available, the examination shall be conducted by a female registered medical practitioner.

• Preparation of record:

The medical officer or registered medical practitioner examining the arrested person shall prepare a record of the examination. This record shall mention any injuries or marks of violence upon the person arrested, and the approximate time when such injuries or marks may have been inflicted.

• Furnishing of report:

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.

Difference between s.54 and s.315 

Section 54 of the Code of Criminal Procedure confers a right upon an arrested person to be examined by a medical officer or a registered medical practitioner. This right can be seen as similar to the right under Section 315, which allows an accused person to offer themselves as a witness for the defence. However, it should be noted that in both cases, there is no compulsion involved as the accused or arrested person is voluntarily exercising their right to be examined or to offer testimony.

1. Ins. by Act 25 of 2005, s. 11 (w.e.f. 23-6-2006).
2. Ins. by Act 13 of 2013, s. 12 (w.e.f. 3-2-2013).

Study Notes

Section 54A of the Criminal Procedure Code (CRPC) deals with the identification of a person who has been arrested on the charge of committing an offence. This section was added by the Amendment Act, 2005 . The section has also been amended in 2013 by the Criminal Law (Amendment) Act, which inserted two provisos to the section.

1.Identification of the Arrested Person:

• The section allows for the identification of the arrested person by any other person or persons, if it is considered necessary for the purpose of investigating the offence.
• The court having jurisdiction, on the request of the officer in charge of a police station, may direct the arrested person to subject himself to identification by any person or persons in such manner as the court may deem fit.

2.Provisos Added by the Criminal Law (Amendment) Act 2013:

• The first proviso provides that if the person identifying the arrested person is mentally or physically disabled, the process of identification shall take place under the supervision of a Judicial Magistrate.
• The second proviso further provides that if the person identifying the arrested person is mentally or physically disabled, the identification process shall be videographed to ensure that the identification is done using methods that the person is comfortable with.

3.Purpose of the Section:

• The section is meant to aid in the investigation of an offence by allowing for the identification of the arrested person by other individuals.
• The amendments added by the Criminal Law (Amendment) Act are aimed at protecting the rights of mentally or physically disabled persons during the identification process.

Overall, Section 54A of the CRPC serves as an important tool for law enforcement agencies in identifying the accused in criminal cases. The amendments made to the section in 2013 ensure that the rights of vulnerable individuals are protected during the identification process.

Study Notes

Section 55 of the Code of Criminal Procedure (CrPC) lays down the procedure to be followed when a police officer deputes his subordinate to arrest a person without a warrant. The section can be understood through the following notes:

-Deputation of subordinate officer: When an officer in charge of a police station or any police officer investigating a case needs to arrest a person without a warrant (when the person can lawfully be arrested without a warrant), he can delegate this task to a subordinate officer. However, this delegation must be in writing.

-Contents of the written order: The written order must contain the following information:

• The name of the person to be arrested
• The offence or cause for which the arrest is to be made

-Notification to the person to be arrested: Before making the arrest, the officer required to make the arrest must notify the person to be arrested about the substance of the order. If the person requests to see the order, the officer must show it to him.

-Power of police officer to arrest under section 41: This section does not affect the power of a police officer to arrest a person under section 41 of the CrPC, which allows an officer to arrest a person without a warrant if he has reasonable suspicion that the person has committed a cognizable offence.

Example:

Suppose an officer in charge of a police station receives a complaint about a theft in a shop. He assigns the investigation to a subordinate officer who finds evidence that a person named A is responsible for the theft. The subordinate officer needs to arrest A without a warrant, but he cannot do so without written authorization from his superior officer. The officer in charge of the police station provides a written order to the subordinate officer specifying A’s name and the offence (theft) for which he is to be arrested. The subordinate officer must notify A of the substance of the order before arresting him and must show him the written order if he requests to see it.

1. Ins. by Act 5 of 2009, s.9 (w.e.f. 31-12-2009)

Study Notes

Section 55A of the Code of Criminal Procedure (CrPC) was inserted in the Code by the (Amendment) Act, 2008. The section is related to the health and safety of an arrested person and imposes certain duties on the person having the custody of the accused.

-Introduction:

• Section 55A of CrPC
• Inserted by the (Amendment) Act, 2008
• Relates to the health and safety of an arrested person
• Imposes certain duties on the person having the custody of the accused

Duty to take reasonable care:

• 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

-Implications:

• The section emphasises the importance of the health and safety of an arrested person
• The person having the custody of the accused is responsible for their well-being
• Any negligence or failure to take reasonable care may lead to legal consequences

-Significance:

• The provision ensures that the fundamental rights of the arrested person are not violated
• It upholds the principles of natural justice and fair treatment
• It serves as a deterrent against custodial violence or abuse

Study Notes

Section 56 of the Code of Criminal Procedure (CrPC) lays down the procedure to be followed by a police officer when making an arrest without a warrant. The key points to note are:

• The police officer must take the person arrested without unnecessary delay to a Magistrate who has jurisdiction in the case or to the officer in charge of a police station.
• This duty is subject to the provisions regarding bail contained in the CrPC.
• If the offence is bailable, the person arrested may be released on bail on executing a bond without being taken to the Magistrate. However, if the person is unable to furnish bail, they must be taken to the Magistrate.
• In case of a non-bailable offence, the person arrested must be taken to the Magistrate without delay and cannot be released on bail by the police officer.

Overall, the section emphasises the importance of promptly bringing the arrested person before a competent authority and ensuring that they are not detained for an unreasonable period without being produced before a Magistrate or the officer in charge of a police station.

This section should be read along with :-

Cr.P.C:

• s.57
• s.167
• s.436
• s.437

Indian Constitution:

Study Notes

Section 57 of the Code of Criminal Procedure (CrPC) provides that no police officer can detain a person arrested without a warrant for a longer period than what is reasonable under the circumstances of the case. The period of detention cannot exceed 24 hours, except in the case of a special order by a Magistrate under section 167. This section serves as a safeguard against arbitrary detention by the police.

The provision in Section 57, along with Section 56, was included in the CrPC to ensure that the fundamental rights of the arrested person are protected. The Constitution of India also guarantees this right in Article 22(2), which lays down the period of detention as 24 hours, plus the time necessary for the journey from the place of arrest to the Magistrate’s Court.

It is important to note that while Section 56 does not specify a definite time limit for the production of the arrested person before a Magistrate, beyond “without unnecessary delay,” Section 57 and Article 22(2) provide a specific time limit of 24 hours, plus the duration of the unnecessary journey, for this purpose. This provision ensures that the arrested person is not kept in police custody for an indefinite period without being produced before a Magistrate.

Section 57 and Section 167 of the Code of Criminal Procedure, 1973 :

Both the sections are supplementary to each other. The primary objective of these sections is to ensure that a person who is arrested by the police is presented before a Magistrate with the least possible delay. This is important so that the Magistrate can assess if the person needs to be further detained in custody and also to give an opportunity to the arrested person to make any representation before the Magistrate.

The aim of these sections is to prevent any potential misuse of power by the police and to facilitate a prompt investigation. If the investigation cannot be completed within the period specified in Section 167, then the arrested person may be released on bail. Thus, these sections provide safeguards against arbitrary detention and ensure that the arrested person’s right to a speedy trial is protected.

This section should be read along with :-

Cr.P.C:

• s.56
• s.167
• s.436
• s.437

Indian Constitution:

• Article 22(2)

Study Notes

Section 58 of the Code of Criminal Procedure (CrPC) imposes a duty on the officers in charge of police stations to report to the District Magistrate or Sub-divisional Magistrate, as directed, about all persons who have been arrested without a warrant within the limits of their respective stations. The report must include details about whether the arrested persons have been granted bail or not. The section emphasises the importance of transparency and accountability in the process of arrest and detention of individuals, and ensures that the higher authorities are kept informed about the activities of the police stations under their jurisdiction. Failure to comply with this section may result in disciplinary action against the concerned police officers.

Study Notes

Section 59 of the Indian Penal Code deals with the discharge of a person who has been apprehended by a police officer. Here are some detailed notes based on the different aspects of the section:

1.Meaning of discharge:

• Section 59 specifies that no person who has been arrested by a police officer shall be discharged except under certain circumstances.
• The word “discharge” in this section simply means that the person who has been arrested obtains a release from detention in custody, without any implication as to the accusation.
• It is important to note that the word “discharge” in sections 239 and 245 of the Code has a different technical meaning, where it refers to a trying Magistrate discharging the accused in a warrant case where he finds the charge against the accused to be groundless. Such discharge is different from acquittal in terms of the application of Section 300.

2.Modes of discharge:

• Section 59 provides three modes of discharge for a person who has been arrested by a police officer: (a) on his own bond, (b) on bail, or (c) under the special order of a Magistrate.
• The section, however, does not specify in what circumstances each of these modes of discharge may take place.

3.Release from custody:

• The word “release” is used in several other sections of the Code, such as s.42(2), s.43(3), s.169, s.441, and s.442.
• It would have been consistent and conducive to a better understanding if the word “released” were used in Section 59 as well.

Overall, Section 59 is intended to ensure that a person who has been arrested by a police officer can only be discharged from custody under specific circumstances, such as on his own bond, bail, or under the special order of a Magistrate. The use of the word “discharge” in this section does not have any technical meaning and simply refers to obtaining a release from detention in custody.

Study Notes

Section 60 of the Code of Criminal Procedure deals with the power to pursue and retake a person who has escaped from lawful custody or has been rescued. Here are the detailed notes on this section:

• Power to pursue and retake:

If a person in 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. This means that the police officer or any other person in whose custody the arrested person was kept lawfully, can pursue and re-arrest the person who has escaped or has been rescued.

• Applicability of Section 47:

The provisions of section 47 shall apply to arrests under sub-section (1) although the person making any such arrest is not acting under a warrant and is not a police officer having authority to arrest. This means that even if a private person makes an arrest under this section, the provisions of Section 47, which deal with the search of a place entered by a person sought to be arrested, shall apply.

• Powers during pursuit:

In making such pursuit, the police officer or private person shall have all the powers conferred by s. 47, to search any place where the escaped person may have taken shelter. This means that the police officer or any other person making the pursuit shall have the power to search any place where the escaped person may have taken shelter, just like the power conferred by Section 47.

For example, if a person is arrested for a crime and escapes from police custody, the police officer can pursue and re-arrest the person in any place in India. Similarly, if a private person finds the escaped person and wants to make an arrest, he can do so under this section, and the provisions of Section 47 will apply to the search of any place entered by the person sought to be arrested.

1. Ins. by s.10, ibid. (w.e.f. 31-12-2009).

Study Notes

Section 60A of the Code of Criminal Procedure, inserted by the (Amendment) Act, 2008, states that no arrest shall be made except in accordance with the provisions of the Code or any other law for the time being in force providing for arrest. This means that any arrest made must strictly adhere to the procedures and guidelines mentioned in the Code of Criminal Procedure or any other relevant law related to arrest. Any arrest made in violation of the provisions of the Code or other applicable laws shall be considered illegal. The purpose of this section is to prevent any misuse or abuse of power by law enforcement authorities in making arrests.