How Arrest Made; Search of Arrested Person; Arrested Person to Be Informed of Rights; Medical Examination; Arrested Person Not to be Detained Beyond 24 Hours
Procedure for making arrest; rights of arrested person; 24-hour production rule
Legal Commentary
Explanation
Sections 46–60A collectively define the constitutional framework for arrest in India — the procedural rules that convert the power to arrest into a rights-compliant process. Several provisions are of supreme constitutional importance. Section 46(3)'s prohibition on causing death of non-capital accused is the statutory implementation of the constitutional right to life — police cannot shoot a person merely to prevent escape unless the offence is punishable with death or life imprisonment. Section 50 (ground of arrest communication) and Article 22(1) are read together — an arrested person must immediately be told why they are being arrested; failure to do so makes the arrest illegal. Section 50A (informing relatives) was added in 2008 specifically to address the practice of 'secret' arrests — the arrested person's nominated person must be immediately informed of the arrest and location. Section 57's 24-hour rule is one of the most fundamental liberty protections — police custody beyond 24 hours requires a magistrate's order under Section 167. This constitutional provision (also Art. 22(2)) prevents indefinite police detention without judicial oversight.