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Arrest and the Rights of the Arrested

According to Section 57/167 of the Criminal Procedure Code, the accused must appear before a magistrate within 24 hours following their arrest. If the examination cannot be completed in this amount of time, a magistrate may arrange for the detention of the apprehended person under police guardianship pursuant to Section 167(3) of the Criminal Procedure Code.

The magistrate must be convinced that there is sufficient justification to remand the condemned to police custody. According to Section 50 of the Criminal Procedure Code, the person who has been apprehended must be educated on the offense's key elements or the other factor that led to their apprehension.

Furthermore, if a person is arrested without a warrant for a crime that qualifies for bail, they should be informed that they may be eligible for release on bail. According to Section 50A of the Criminal Procedure Code, the person who has been arrested has the right to have a representative he designates informed of the arrest. In addition, the Magistrate is obligated to verify that the terms of this section are followed.

Arrest

"A seizing or persuasive limitation; an activity of the ability to deny an individual's freedom; the taking or keeping of an individual in care by legitimate authorities, notably because of a criminal charge," are all definitions of arrest. Both criminal and civil charges can result in an arrest, albeit a civil arrest is an extreme action that the courts do not favour. Civil and criminal arrests are subject to restrictions set out in the federal Constitution.

Creating an arrest:

The Criminal Procedure Code (hereafter Cr.P.C.) Section 46: When making an arrest, a police officer or other person making the same must physically touch or confine the body of the person to be detained, unless there is a verbal or physical submission to the detention. Any police officer or other person may use all necessary force to make the arrest of the subject if the subject violently opposes the attempt to have him arrested or makes an attempt to elude it.

Nothing in this clause grants a licence to murder someone who has not been charged with a crime carrying the death penalty or a life sentence. Except in exceptional circumstances, no woman may be arrested between the hours of dusk and sunrise. In such cases, the female police officer must first obtain the prior consent of the Judicial Magistrate of the First Class whose local jurisdiction the offence is committed or the arrest is to be made through a written report.

For legal purposes, being arrested means having one's personal freedom restricted. Arresting someone is using legal authority to deny them the right to travel freely.

Who may be arrested?

Under Cr. P.C. Sections 41 (1) to 151, a police officer may make an arrest without a warrant; pursuant to a warrant; pursuant to Sections 72 to 74; pursuant to a written order of the officer in charge; pursuant to Sections 55 and 157; pursuant to the orders of a magistrate under Section 44; and pursuant to Section 42 of the Cr. P.C.

• A superior officer in accordance with Section 36 of the Penal Code

• A police officer in charge under sections 42 (2) and 157 of the penal code.

• A magistrate in accordance with Section 44 of the Penal Code

• A military officer in violation of Sections 130 and 131 of the Criminal Procedure Code

• A private individual without a warrant pursuant to Section 43 of the Criminal Procedure Code, with a warrant pursuant to Sections 72 and 73, pursuant to a police officer's or a magistrate's order pursuant to Sections 37 and 44 of the Criminal Procedure Code, as well as Section 60 (1) of the Criminal Procedure Code.

The police's ability to make arrests:

According to Sections 41, 42, and 151 of the Indian Penal Code, a police officer may make an arrest without a warrant under the following circumstances:

• Who has been associated with any criminal offences.

• Whoever possesses a weapon with the potential to be used to break into a home without a valid defence.

• who has been designated as a criminal offender either by the Criminal Procedure Code or a state government order.

• Who has any stolen goods in their possession.

• Whoever interferes with a police officer while they are performing their duties or tries to escape from legal custody is punishable by death.

• Who has been involved in any extradition law and who has a reasonable suspicion that they are a deserter from one of the Union's armed services.

• Who violates any regulation established under subsection (5) of Section 356 Cr. P.C. while a freed felon. Whose arrest warrant was obtained from another police officer, naming the suspect, the offense, and any additional grounds for arrest.

Rights of Persons Arrested:

Certain fundamental rights were granted to the detained individuals under Article 22 of the Constitution.

• To be informed of the reasons behind his arrest.

• The right to consult a chosen attorney

• The right to legal representation for defence

• The ability to appear before a magistrate within 24 hours of an arrest.

• Right to not be held for more than 24 hours.

• If the detention is required for a period of time longer than 24 hours, the police officer has the right to and must get a directive from the magistrate.

The Supreme Court of India recognised additional rights granted to an arrested person under Articles 21 and 22 (2) of the Indian Constitution in a ruling.

• Right to inform a friend, relative, or well-wisher that you have been arrested.

• Right to seek legal advice

• Right to receive information on his ability to contact the police to get information from family, friends, and well-wishers

• A police officer is required by law to write in a diary the information about the person to whom the information about the arrest is conveyed. Additionally, the person who has been arrested must appear before a licenced medical professional right away for treatment and a checkup.

Two categories of rights apply to those who have been arrested:

1. The time when you were arrested

2. During the trial in India, the accused has more rights than the victim.

Right to know the reason for your arrest. Cr. P.C. Section 50 (1) Any police officer or other person who arrests someone without a warrant must immediately give that individual all the details of the crime for which they are being detained or the other reasons they are being detained. It is one of the fundamental tenants of natural justice. The person making the arrest has a duty to inform the designated person of the arrest and any pertinent information.