SOP Station House Management by Kerala Police

23.06.2022 Views

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

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

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