What do you mean by arrest ? Describe the procedure to be followed after the arrest ? what are the rights available to an arrested person?



Arrest :

The term ARREST means a curtailment of personal liberty , for legal purpose , Arrest means preventing a person from having free movement by applying the authority under law . As per Legal Dictionary “ ARREST “ Means a seizure or forcible restraint ; an exercise of the power to deprive a person of his or her liberty ; the taking or keeping of a person in custody by legal authority , especially , in response to a criminal charge. “

Procedure of Arrest :

Every Police officer while making an arrest shall :-

1 ) Bear an accurate , visible and clear identification of his name which will facilitate easy identification ;

2) Prepare a memorandum  of arrest which shall be:-

a) Attested  by at least one witness , who is a member of the family of the person arrest or a respectable member of the locality where the arrest is made;

b) Countersigned by the person arrested ; and

3) 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.

The rights of Arrested person :

Article 22 of the Constitution provide certain fundamental rights for the arrested persons :-

·         Right to know the grounds of his / her arrest

·         Right to consult the lawyer of his choice

·         Right to be defendant through a counsel

·         Right to be produced before the magistrate within 24 hours of arrest

·         Right not to be detained beyond 24 hours

·         Right to a corresponding duty of the police officer to procure a direction from the Magistrate if the detention is needed beyond 24 hours. In a JUDGEMENT the Supreme Court of India recognised some more rights of an arrested person under Article 21 and 22(2) of the Constitution of India .

·         Right to communicate the information of arrest to a friend , relative or well wisher.

·         Right to consult a lawyer.

·         Right t be informed about his right to seek information to relative friends , well wisher through the police.

Arrest a person without warrant :

Section 41,42, 151 of Cr. P. C. and a police officer may arrest without warrant u/s 41 Cr.P.C. in the following condition :-

·         Who has been concerned in any cognizable offence.

·         Who has in possession , without, lawful excuse, of any house breaking weapon

·         Who has been proclaimed as an offender either under Cr.p.c or by order of the State Government.

·         Who is in possession of any stolen property.

·         Who obstructs a police officer while in the execution of his duty or who has escaped , or attempts to escape , from lawful custody.

·         Who is reasonably suspected of being a deserter from any of the Armed forces of the Union.

·         Who has been concerned in any law relating to extradition.

·         Who , being a released convict commits a breach of any rule made under sub-section 5 of section 356 Cr. P.C (1) for whose arrest any requisition has been received fom another police officer specifying the person to be arrested and the offence and other cause for which the arrest is to be made.

IF THE POLICE REFUSE TO RECIVED F.I.R :-

If you are reporting a cognizable crime and the police refuse to register your FIR , you can make a complaint to a higher ranking officer such as the Superintendent of police (SP), The Deputy Inspector General (DIG) or The Inspector General of Police (IGP).

You can also complaint to the nearest judicial magistrate , who will order the police to register the FIR if deemed necessary . Ensure that You get a receipt of your complaint being registered.

You can also …..

·         Send your complaint in writing to the Superintendent of Police (SP) by registered post.

·         Make a written complaint to the concerned state human rights the police are doing their duty of enforcing the law or that they are being negligent , biased or corrupt.

You can file an online complaint , find relevant information and also get the contract details of each state’s own Human Rights Commission .