FAQ's - Arrest - Bail
1) What is 'Arrest"?
2) What is meant by "Bailable / Non-bailable offences"?
Ans : As per Ballentine's Law Dictionary 1948 Ed.P.105, arrest means the taking, seizing, or detaining of the person of another, either by touching, or putting hands on him, or by any act which indicates an intention to take him into custody, and subjects the person arrested to the actual control and will of the person making the arrest.
Chapter V and section 41 to 59 of Criminal Procedure Code 1973, deals with Arrest of Persons.
As per section 41 (1) Cr.P.C, any police officer may, without an order from a Magistrate and without a warrant, arrest any person,
(a) who has been concerned in any cognizable offence, or a reasonable complaint has been made, or credible information has been received or a reasonable suspicion exists; or
(b) who has in his possession of any implement of house breaking; or
(c) who has been proclaimed as an offender or
(d) in whose possession anything is found which may reasonably be suspected to be stolen property; or
(e) who obstructs a police officer while in the execution of his duty, or who has escaped, or attempts to escape, from lawful custody;
(f) reasonably suspected of being a deserter from any of the Armed Forces.
As per section 42 of Cr.P.C., any person who, in the presence of a police officer, has committed or has been accused of committing a non-cognizable offence, refuses on demand of such officer to give his name and residence, can be arrested.
As per section 50 of Cr.P.C., person arrested without warrant has to be informed about the grounds of his arrest and about his entitlement regarding bail.
As per section 53 of Cr.P.C., when a person is arrested and if there are reasonable grounds for believing that an examination of his person will afford evidence as to the commission of an offence, it shall be lawful for a registered medical practitioner, acting at the request of a police officer not below the rank of sub-inspector (and for any person acting in good faith in his aid and his direction), to make such an examination of a person arrested as is reasonably necessary, and to use such force as is reasonably necessary for that purpose.
When a person of a female is to be examined under this section, the examination shall be made only by, or under the supervision of, a female registered medical practitioner.
As per section 56 of Cr.P.C., A police officer making an arrest without warrant shall, without unnecessary delay and subject to the provisions herein contained as to bail, take or send the person arrested before a Magistrate having jurisdiction in the case or before the officer in-charge of a police station.
As per section 57 of Cr.P.C., 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 24 hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate's Court.
As per section 151 of Cr.P.C., a person can also be arrested to prevent commission of cognizable offences.
1. Under the Code of Criminal Procedure 1973 (first shedule), offences have been classified as ‘bailable’ and ‘non-bailable’ offences.
2. In the case of bailable offences, it is binding upon the investigating officer to grant bail. However, in case of a non-bailable offence, the police can not grant bail and bail can be granted by a Judicial Magistrate/Judge only.
3.In case of bailable offences, if the accused produces proper surety, and fulfills other conditions, it is binding upon the Investigating officer to grant bail.
4.In the case of a non-bailable offence, the Investigating Officer must produce the accused before the Judicial Magistrate / Judge concerned within 24 hours of his arrest. At that time, the accused has a right to apply for bail.