41. When police may arrest without warrant. -

(1) Any police officer may without an order from a Magistrate and without a war rant,
arrest any person-

(a) Who has been concerned in any cognizable offence, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been so concerned; or

(b) Who has in his possession without lawful
excuse, the burden of proving which excuse shall lie on such person, any
implement of house-breaking; or

(c) Who has been proclaimed as an offender
either under this Code or by order of the State Government; 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; or

(f) Who is reasonable suspected of being a
deserter from any of the Armed Forces of the Union; or

(h) Who, being
a released convict, commits a breach of any rule made under sub­section (5) of section
365; or

(i) For whose arrest any requisition, whether
written or oral, has been received from another police officer, provided that
the requisition specifies the person to be arrested and the offence or other
cause for which the arrest is to be made and it appears there from that the
person might lawfully be arrested without a warrant by the officer who issued
the requisition.

(1) When 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 or gives a name or residence which such officer has reason to believe
to be false, he may be arrested by such officer in order that his name or
residence may be ascertained.

(2) When the true name and residence of such
person have been ascertained, he shall be released on his executing a bond,
with or without sureties, to appear before a Magistrate
if so required:

Provided that, if such
person is not resident in India, the bond shall be secured by a surety or
sureties resident in India

(3) Should the true name and residence of such
person not be ascertained within twenty-four hours from the time of arrest or
should he fail to execute the bond, or, if so required, to furnish sufficient
sureties, he shall forthwith be forwarded to the nearest Magistrate having
jurisdiction.

(1) Any
private person may arrest or cause to be arrested any person who in his
presence commits a non-bailable and cognizable offence, or any proclaimed
offender, and, without unnec­essary delay, shall make over or cause to be made
over any person so arrested to a police officer, or, in the absence of a police
officer, take such person or cause him to be taken in custody to the nearest
police station.

(2) If there is reason to believe that such
person comes under the provisions of section 41, a police officer shall
re-arrest him.

(3) If there is reason to believe that he has
committed a non-cognizable offence, and he refuses on the demand of a police
officer to give his name and residence, or gives a name or residence which such
officer has reason to believe to be false, he shall be dealt with under the
provisions of section 42; but if there is no sufficient reason to believe that
he has committed any offence, he shall be at once released.

(1) When
any offence is committed in the presence of a Magistrate, whether Executive or
Judicial, within his local jurisdiction, he may himself arrest or order any
person to arrest the offender, and may thereupon, subject to the provisions
herein contained as to bail, commit the offender to custody.

(2) Any Magistrate, whether Executive or Judicial,
may at any time arrest or direct the arrest, in his presence, within his local
jurisdiction, of any person for whose arrest he is competent at the time and in
the circumstances to issue a warrant.

(1) Notwithstand­ing anything contained in
sections 41 to 44 (both inclusive), no member of the Armed Forces the Union
shall be arrested for anything done or purported to be done by him in the
discharge of his official duties except after obtaining the consent of the
Central Government.

(2) The State Government may, by notification,
direct that the provisions of sub­section (1) shall apply to Such class or
category of the members of the Force charged with the maintenance of' public
order as may be specified therein, wherever they may be serving, and thereupon
the provisions of that sub-section the provisions of that sub-section shall
apply as if for the expression” Central Government” occurring therein, the
expression “State Government” were substituted.

For Sub-section (2) of
section 45, the following sub-section shall be substituted, namely:

(1) 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 it submission to the custody by word or
action.

(2) If such person forcibly resists the
endeavour to arrest him, or attempts to evade the arrest, such police officer
or other person may use all means necessary to effect the arrest.

(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.

(1) If any
person acting under a warrant of arrest, or any police officer having authority
to arrest, has reason to believe that the person to be arrested has entered
into, or is within, any place, any person residing in, or being in charge of,
such place shall, on demand of such person acting as aforesaid or such police
officer, allow him such free ingress thereto, and afford all reasonable
facilities for a search therein.

(2) If ingress to such place cannot be
obtained under sub-section (I), it shall be lawful in any case for a person
acting under a warrant and in any case in which a warrant may issue, but cannot
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.

48. Pursuit
of offenders into other jurisdictions. - A police officer may,
for the purpose o of arresting without warrant any person whom he is authorised
to arrest, pursue such person into any place in India.

49. No
unnecessary restraint. - The person arrested shall not be
subjected to more restraint than is necessary to prevent his escape.

50. Person
arrested to be informed of grounds of arrest and of right to bail. - ­

(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.

(1) Whenever
a person is arrested by a police officer under a warrant which does not provide
for the taking of bail, or under a warrant which provides for the taking of
bail but the person arrested cannot furnish bail, and whenever a person is
arrested without warrant, or by a private person under a warrant, and cannot
legally be admitted to bail, or is unable to, furnish bail.

The officer making the
arrests or, when the arrest is made by a private person, the police officer to
whom he makes over the person arrested, may search such person, and place in
safe Custody all articles, other than necessary wearing-apparel, found upon him
and where any article is seized from the arrested person, a receipt showing the
articles taken in possession by the police officer shall be given to such
person.

(2). Whenever it is necessary to cause a female to be searched, the search shall be made by another female with strict
regard to decency.

52. Power
to seize offensive weapons. - The officer or other person making
any arrest under this Code may taken from the person arrested any offensive
weapons which he has about his person, and shall deliver all weapons so taken
to the court or officer before which or whom the officer or person making the
arrest is required by this Code to produce the person arrested.

(1) When a person is arrested on a charge of
committing an offence of such a nature and alleged to have been committed under
such circumstances that there are reasonable grounds for believing that an
examination of his person will afford evidence its 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 -under his direction, to make
such all examination of the person arrested as is reasonable necessary in order
to ascertain the facts which may afford such evidence, and to use such force as
is reasonably necessary for that purpose.

(2) Whenever the pet-son 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.

Explanation: - In this
section and in section 54, “registered medical practitioner means a medical
practitioner who possesses any recognized medical qualification as defined in
clause (l) of section 2 of the Indian Medical Council Act, 1956 (102 of 1956),
and whose name has been entered in a State Medical Register.

54. Examination
of arrested person by medical
practitioner at the request of the arrested person. -When a
person who is arrested, whether on a charge or otherwise, alleges, at the time when he is produced before a
Magistrate or at any time during, the period of his detention in custody that
the examination of his body will afford evidence which will disprove the
commission by him of any offence or which Magistrate shall, if requested by the
arrested person so to do direct the examination of' the body of Such person by
a registered medical practitioner unless the Magistrate considers that the
request is made for the purpose of vexation or delay or for defeating the ends
of Justice.

In section 54, the following sentence shall be
inserted at the end, namely: -

“The registered medical
practitioner shall forthwith furnish to the arrested person a copy of the
report of such examination free of cost.”

Insertion of new Section
54-A-After Section 54, the following section shall be inserted, namely: -

“54-A.
Test identification of the accused. - When a person is arrested on a charge of
committing an offence and his test identification by any witness is considered
necessary by any court having jurisdiction on it shall be lawful for an
Executive Magistrate acting at the instance of such court, to hold test
identification of the person arrested.”

[Vide U.P. Act 1 of 1984. sec. 8 (w.e.f. 1-5-1984)].

(1) When
any officer in charge of a police station or any police officer making an
investigation under Chapter XII requires any officer subordinate to him to
arrest without a warrant (otherwise than in his presence) any person who may
lawfully be arrested without a warrant, he shall deliver to the officer
required to make the arrest an order in writing, specifying the person to be
arrested and the offence or other cause for which the arrest is to be made and
the officer so required shall, before making the arrest, notify to the person
to be arrested the substance of the order and, if so required by such person,
shall show him the order.

(2) Nothing in sub-section (1) shall affect
the power of a police officer to arrest a person under section 41.

56. Person
arrested to be taken before Magistrate or officer in charge of police station. -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.

57. Person
arrested not to be detained more than twenty-four hours. -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.

58. Police
to report apprehensions. -Officers in charge of police stations
shall report to the District Magistrate, or, if he so directs, to the
Sub-divisional Magistrate, the cases of all persons arrested without warrant,
within the limits of their respective stations, whether such persons have been
admitted to bail or otherwise.

59. Discharge
of person apprehended. - No person who has been arrested by a police officer shall be discharged except
on his own bond, or on bail, or under the special order of a Magistrate.

(1) If a
person in lawful custody escapes or is rescued, the person from whose custody
he escaped or was rescued may immediately pursue and arrest him in any place in
India.

(2) The provisions of section 47 shall apply
to arrests under sub-section (I) although the person making any such arrest is
not acting under a warrant and is not a police officer having authority to
arrest.