Arrest of Persons — Section 41 to 60

A college student in Mumbai posts something that annoys a local politician. By evening two men in plain clothes are at her door asking her to come to the police station. Can they arrest her? Must they show a warrant? Must they tell her parents? How long can she be kept before she meets a judge? Arrest is the moment the State takes away a person's freedom, so the Sanhita surrounds it with conditions, duties and time limits. This topic is about those conditions, and the rights the arrested person carries into the police station.

In two minutes

Chapter V (ss.35 to 62) lets police arrest without a warrant only in listed situations, requires a necessity test for less serious cognizable offences, and surrounds every arrest with duties: a memorandum, information to family, rights to a lawyer and medical examination, and production before a Magistrate within twenty-four hours.

The rest of this chapter

The full explanation, the cheat sheet, every previous-year question at every mark weight, the quiz and the answer skeletons are part of Criminal Procedure Code 1973, Juvenile Justice Act 2015 and POCSO Act 2012 on LexBlox Semester. Sign in to unlock the subject, or read Module 1 of Legal Language and Writing free.