Describe, how an arrest is made? Also, discuss the provision regarding the arrest of women. 

Question: Describe, how an arrest is made? Also, discuss the provision regarding the arrest of women.

Find the answer to the mains question only on Legal Bites. [Describe, how an arrest is made. Also, discuss the provision regarding the arrest of women.]

Answer

The mode of arrest has been mentioned under section 46 with or without a warrant. In making an arrest the police officer /other person making the same actually touches or confines the body of the person to be arrested unless there be a submission to the custody by words or action.

When the police arrest a person in execution of a warrant of arrest obtained from a magistrate, the person so arrested shall not be handcuffed unless the police have obtained orders from the Magistrate in this regard.

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 persons may use all means necessary to effect the arrest.
3. Nothing in the 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.

The court in D.K. Basu v. State of West Bengal (1997 (1) SCC 416), had highlighted the special rights of women. They are-

1. Females can be searched by only another female with strict regard to privacy and decency (Section 51 of Code)
2. Female suspects must be kept in a separate lock-up in the police station. They should not be kept where male suspects are detained
3. When a female is arrested for a non-bailable offence, even if the offence is very serious, the court can release her on bail (Section 437 of the Code).

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