Arrest how made
AI Assist
Summary
Arrest requires actually touching or confining a person unless they submit by word or action. For women, an oral intimation is presumed to be accepted and an officer should not touch her unless she resists, circumstances require it, or the officer is female. Police may use necessary force if someone resists or tries to flee but cannot cause death except where the offence is punishable by death or life imprisonment. Women should not be arrested between sunset and sunrise except in exceptional cases with prior written permission from the Judicial Magistrate of the first class.
Example
Priya is told by a male police officer that she is under arrest and she calmly says she will come with him. Because her oral submission is presumed, the officer need not touch her to make the arrest. If the arrest had been after sunset, a woman officer would have to get prior written permission from the Judicial Magistrate of the first class.
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 me ans necessary to effect the arrest.
(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.
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