SOP Station House Management by Kerala Police
88 8. ARREST, SEARCH AND SEIZUREhas reason to believe tobe false, he may be arrestedby such officer inorder that his name orresidence may be ascertained.(2) When the true nameand residence of suchperson have been ascertained,he shall be releasedon his executinga bond, with or withoutsureties, to appear beforea Magistrate if sorequired; Provided that,if such person is not residentin India, the bondshall be secured by asurety or sureties residentin India.(3) Should the truename and residence ofsuch person not be ascertainedwithin twentyfourhours from the timeof arrest or should hefail to execute the bondor if so required, to furnishsufficient sureties,he shall forthwith beforwarded to the nearestMagistrate having jurisdiction.8.8 Protectionof members ofArmed Forcesfrom arrest.(Section: 45 CrPC)(1) Notwithstandinganything contained insections 41 to 44 (bothinclusive), no memberof the Armed Forces ofthe Union shall be arrestedfor anything doneor purported to be doneby him in the dischargeof his official duties exceptafter obtaining theconsent of the CentralGovernment.(2) The State Governmentmay, by notification,direct that the provisionsof Sub-Section(1) shall apply to suchclass or category of themembers of the Forcecharged with the maintenanceof public orderas may be specifiedtherein, whereverthey may be serving,and thereupon the provisionsof that Sub-Section shall apply as iffor the expression “CentralGovernment” occurringtherein, the expression“State Government”were substituted.8.9 Arrest howmade?(Section: 46 CrPC)(1) In making an arrest,the Police officeror other person makingthe same shall actuallytouch or confine thebody of the person to bearrested, unless there bea submission to the custodyby word or action.(2) If such personforcibly resists the endeavourto arrest him orattempts to evade thearrest, such Police officeror other person mayuse all means necessaryto effect the arrest.(3) Nothing in this sectiongives a right tocause the death of a personwho is not accusedof an offence punishablewith death or with imprisonmentfor life.(4) In exceptional circumstances,no womenshall be arrested aftersunset and before sunriseand where such exceptionalcircumstancesexist, the woman Policeofficer shall by makinga written report, obtainthe prior permission ofthe Judicial Magistrateof the First Class withinwhose local jurisdictionthe offence is committedor the arrest is to bemade.8.10 Search ofplace entered byperson soughtto be arrested.(Section: 47CrPC).(1) If any person actingunder a warrant of arrest,or any Police officerhaving authority toarrest, has reason to believethat the person tobe arrested has enteredinto or is within, anyplace, any person residingin, or being in chargeof such place shall, ondemand of such personacting as aforesaid orsuch Police officer, allowhim such free ingressthereto and afford allreasonable facilities fora search therein.2) If ingress to suchplace cannot be obtainedunder Sub-Section (1), it shall belawful in any case fora person acting undera warrant and in anycase in which a warrantmay issue but cannot
8.11. PURSUIT OF OFFENDERS INTO OTHER JURISDICTIONS 89be obtained without affordingthe person to bearrested an opportunityof escape, for a Police officerto enter such placeand search therein andin order to effect an entranceinto such place,to break open any outeror inner door or windowof any house or place,whether that of the personto be arrested orof any other person, ifafter notification of hisauthority and purposesand demand of admittanceduly made, hecannot otherwise obtainadmittance; Providedthat, if any such placeis an apartment in theactual occupancy of afemale (not being theperson to be arrested)who, according to custom,does not appearin public, such personor Police officer shall,before entering suchapartment, give noticeto such female that sheis at liberty to withdrawand shall afford her everyreasonable facilityfor withdrawing, andmay then break openthe apartment and enterit.(3) Any Police officer orother person authorisedto make an arrest maybreak open any outer orinner door or window ofany house or place in orderto liberate himself orany other person who,having lawfully enteredfor the purpose of makingan arrest, is detainedtherein.8.11 Pursuit ofoffenders intoother jurisdictions(Section: 48 CrPC)A Police officer may forthe purpose of arrestingwithout warrant anyperson whom he is authorisedto arrest, pursuesuch person into anyplace in India.8.12 No Unnecessaryrestraint(Section: 49 CrPC) Theperson arrested shallnot be subjected tomore restraint than isnecessary to prevent hisescape.8.13 Personarrestedto be informedof grounds ofarrest and ofrights to bail(Section: 50 CrPC)(1) Every Police officeror other person arrestingany person withoutwarrant shall forthwithcommunicate to him fullparticulars of the offencefor which he is arrestedor other groundsfor such arrest.(2) Where a Police officerarrests without warrantany person otherthan a person accused ofa non-bailable offence,he shall inform the personarrested that he isentitled to be releasedon bail and that he mayarrange for sureties onhis behalf.8.14 Obligationof person makingarrest to informabout thearrest etc. . . to anominated person.(Section:50 A CrPC)(1) Every Police officeror other person makingany arrest underthis Code shall forthwithgive the informationregarding such arrestand place where thearrested person is beingheld to any of hisfriends; relatives or suchother persons as may bedisclosed or nominatedby the arrested personfor the purpose of givingsuch information.(2) The Police officershall inform the arrestedperson of his rights undersubsection (1) assoon as he is brought tothe Police station.(3) An entry of thefact as to who has beeninformed of the arrestof such person shall bemade in a book to bekept in the Police stationin such form as maybe prescribed in this behalfby the State Government.(4) It shall be the dutyof the Magistrate beforewhom such arrested
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8.11. PURSUIT OF OFFENDERS INTO OTHER JURISDICTIONS 89
be obtained without affording
the person to be
arrested an opportunity
of escape, for a Police officer
to enter such place
and search therein and
in order to effect an entrance
into such place,
to break open any outer
or inner door or window
of any house or place,
whether that of the person
to be arrested or
of any other person, if
after notification of his
authority and purposes
and demand of admittance
duly made, he
cannot otherwise obtain
admittance; Provided
that, if any such place
is an apartment in the
actual occupancy of a
female (not being the
person to be arrested)
who, according to custom,
does not appear
in public, such person
or Police officer shall,
before entering such
apartment, give notice
to such female that she
is at liberty to withdraw
and shall afford her every
reasonable facility
for withdrawing, and
may then break open
the apartment and enter
it.
(3) Any Police officer or
other person authorised
to make an arrest may
break open any outer or
inner door or window of
any house or place in order
to liberate himself or
any other person who,
having lawfully entered
for the purpose of making
an arrest, is detained
therein.
8.11 Pursuit of
offenders into
other jurisdictions
(Section: 48 CrPC)
A Police officer may for
the purpose of arresting
without warrant any
person whom he is authorised
to arrest, pursue
such person into any
place in India.
8.12 No Unnecessary
restraint
(Section: 49 CrPC) The
person arrested shall
not be subjected to
more restraint than is
necessary to prevent his
escape.
8.13 Person
arrested
to be informed
of grounds of
arrest and of
rights to bail
(Section: 50 CrPC)
(1) Every Police officer
or other person arresting
any person without
warrant shall forthwith
communicate to him full
particulars of the offence
for which he is arrested
or other grounds
for such arrest.
(2) Where a Police officer
arrests without warrant
any person other
than a person accused of
a non-bailable offence,
he shall inform the person
arrested that he is
entitled to be released
on bail and that he may
arrange for sureties on
his behalf.
8.14 Obligation
of person making
arrest to inform
about the
arrest etc. . . to a
nominated person.
(Section:50 A CrPC)
(1) Every Police officer
or other person making
any arrest under
this Code shall forthwith
give the information
regarding such arrest
and place where the
arrested person is being
held to any of his
friends; relatives or such
other persons as may be
disclosed or nominated
by the arrested person
for the purpose of giving
such information.
(2) The Police officer
shall inform the arrested
person of his rights under
subsection (1) as
soon as he is brought to
the Police station.
(3) An entry of the
fact as to who has been
informed of the arrest
of such person shall be
made in a book to be
kept in the Police station
in such form as may
be prescribed in this behalf
by the State Government.
(4) It shall be the duty
of the Magistrate before
whom such arrested