Description

This section describes the process of making an arrest by a police officer or other person and provides certain guidelines for ensuring that the arrest is carried out in a manner that is lawful and humane:

Key Points:

1. Touch or Confinement:

   • The police officer or person making the arrest must physically touch or confine the body of the person to be arrested, unless the person submits to custody by word or action. This means the person being arrested must either allow themselves to be taken into custody willingly or be physically restrained.

2. Forcible Resistance:

   • If the person resists arrest or attempts to evade the police, the officer or person making the arrest may use necessary force to overcome the resistance and effect the arrest. This provides the officer the authority to use force, but the force should be proportionate to the situation.

3. Right to Life:

   • The section clarifies that nothing in it authorizes the use of deadly force against a person who is not accused of an offence punishable with death or life imprisonment. In other words, the police officer cannot use lethal force unless the person being arrested is facing charges that could lead to the death penalty or life imprisonment.

4. Arrest of Women:

   • Women should not be arrested after sunset and before sunrise, except in exceptional circumstances. If such exceptional circumstances exist, the arrest of a woman can take place during these hours, but only with prior written permission from a Judicial Magistrate of the First Class in whose jurisdiction the offence was committed or the arrest is to be made.

   • The woman police officer making the arrest must also prepare a written report and seek this permission before carrying out the arrest in such circumstances.

Purpose of the Section:

The section emphasizes the humane treatment of individuals during the arrest process, recognizing the potential for abuse or mistreatment. It also emphasizes safeguards for the arrest of women, particularly ensuring their rights are protected and they are not arrested during hours when they are particularly vulnerable.