Arrest how made
AI Assist
Summary
Arrest requires actually touching or confining the person unless they submit by words or action. For a woman, oral intimation is normally taken as submission and a male officer should not touch her unless circumstances require or the arresting officer is female. If the person resists or tries to escape, police may use necessary force; handcuffs can be used for serious, repeat or specified offences. Police may not cause the death of someone not accused of an offence punishable by death or life imprisonment, and normally a woman should not be arrested between sunset and sunrise without prior written permission from the Magistrate of the first class obtained by a woman police officer.
Example
Priya is told at home by a male officer that she is under arrest and she agrees to go with him, so the officer need not touch her. Later she struggles and tries to run, and the officer may use necessary force to arrest her. If she were accused only of a minor offence, the officer could not lawfully cause her death; and if the arrest had been after sunset, a woman police officer would need prior written permission from the Magistrate of the first class unless exceptional circumstances existed.
Bare Act
Enacted text(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.
(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.
(3) The police officer may, keeping in view the nature and gravity of the offence, use handcuff while making the arrest of a person or while producing such person before the court who is a habitual or repeat offender, or who escaped from custody, or who has committed offence of organised crime, terrorist act, drug related crime, or illegal possession of arms and ammunition, murder, rape, acid attack, counterfeiting of coins and currency-notes, human trafficking, sexual offence against children, or offence against the State.
(4) 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.
(5) Save in exceptional circumstances, no woman 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 Magistrate of the first class within whose local jurisdiction the offence is committed or the arrest is to be made.
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