Section 46 of the code of criminal procedure

Shivendra Pratap Singh

Advocate

High Court Lucknow

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Section 46 of the Code of Criminal Procedure (CrPC) in India deals with the arrest of a person by a police officer. The law outlines how an arrest should be made, the power a police officer has while making an arrest, and some specific provisions on the treatment of women and health considerations during an arrest. Here is a simplified breakdown:

  1. Arrest how made (Subsection 1): In making an arrest, the police officer or other person making the same shall touch or confine the body of the person to be arrested, unless there is a submission to the custody by word or action.
  2. Power to use force (Subsection 2): If such person forcibly resists the endeavor 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. No unnecessary restraint (Subsection 3): The person arrested shall not be subjected to more restraint than is necessary to prevent his escape.
  4. Procedure when a person to be arrested is not immediately found (Subsection 4): When the person to be arrested has entered into or is within any place, any person residing in or being in charge of such place shall, on demand of the police officer or other person executing the warrant, and on production of the warrant, allow him free ingress thereto and afford all reasonable facilities for a search therein.
  5. No woman shall be touched by a male police officer (Subsection 4-A): 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 Judicial Magistrate of the first class within whose local jurisdiction the offense is committed or the arrest is to be made.
  6. Procedure when a person to be arrested is within his dwelling place (Subsection 5): If such person or police officer knows of a warrant for the arrest of such person, he may break open any outer or inner door or window of any house or place in order to execute such warrant, if after notifying his authority and purpose, and demanding admission duly made, he cannot otherwise obtain admittance.