CRPCSection 46-60AVerified

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

Section 46: 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 custody by word or action. Section 46(3): Nothing in this 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. Section 50: Every police officer or other person arresting any person without warrant shall forthwith communicate to him the full particulars of the offence for which he is arrested. Section 50A: Every police officer making an arrest shall forthwith inform an nominated person of the arrested person of such arrest and the place where the arrested person is being held. Section 41B: Every police officer while making an arrest shall bear an accurate, visible, and clear identification of his name on his name tag. Section 56: A police officer making an arrest of a person without warrant shall, without unnecessary delay and subject to the provisions herein as to bail, take or send the person before a Magistrate having jurisdiction. Section 57: No police officer shall detain in custody a person arrested without warrant for a longer period than under all the circumstances of the case is reasonable, and such period shall not, in the absence of a special order of a Magistrate under Section 167, exceed twenty-four hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate's Court.

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.

Related Topics

CrPC Section 46CrPC Section 50CrPC Section 56CrPC Section 57arrest procedure Indiarights of arrested person India24 hour rule arrest Indiaright to lawyer on arrest Indiainform family arrest IndiaCrPC 50A arrest rightsarrested person rights IndiaBNSS 43 handcuffingD.K. Basu guidelines India

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Historical Context

Original Act
Code of Criminal Procedure
Category
CrPC
← All Code of Criminal Procedure Sections