Introduction

The Law of Arrest is a fundamental aspect of Criminal Law that governs when and how a police officer can take an individual into custody. Arrests play a crucial role in the legal system, ensuring that those suspected of committing crimes are held accountable while also protecting individual rights. This Article sheds light on the legal procedures, requirements, and rights associated with an arrest which is essential for both law enforcement and the public.

What is an Arrest?

An arrest occurs when a police officer takes a person into custody based on probable cause or an arrest warrant. The process must comply with legal standards to prevent unlawful detention. In general, arrests can be categorized as follows:

• With a Warrant: A court issues an arrest warrant based on sufficient evidence presented by law enforcement.
• Without a Warrant: Officers can arrest individuals if they have probable cause to believe a crime has been committed.

Probable Cause and Arrest Warrants

The concept of probable cause is a key factor in determining the legality of an arrest. It refers to the reasonable belief that an individual has committed a crime. If a police officer lacks probable cause, the arrest may be deemed unlawful. In cases where sufficient evidence exists, law enforcement may obtain an arrest warrant from a judge before making the arrest.

Criminal Procedure Code 1898 Of Pakistan defines sections under which Police may arrest a person with or without a warrant. It is briefly explained as below:

Arrest:

Under Section 46 of CrPC 1898 a police officer or any authorised person may arrest. He shall actually touch or confine that or the required person. The required person may submit to custody (surrender). If the required person forcibly resist, the officer may use all means to effect the arrest. Under this section, death of the required person cannot be caused for the purpose of arrest.

Note:

If the required person is accused of offence punishable with death or imprisonment for life, death may be caused for the purpose of arrest in case of resistance but it is the duty of the police to prove this fact. The violation of legal parameters is not allowed in this regard.

“All means” examples are handcuff/rope etc.

Search of place for the purpose of arrest:

Under Section 47 of Criminal Procedure code 1898 the officer shall reason to believe that required person is present there, free ingress is allowed. Public shall facilitate for such purpose.

Section 48: For such purpose, if reasonable time is not available, the place entrance maybe broken. If women are present there, police is bound to give her reasonable time to exit that place (breaking open zenana)

Section 49: Windows or doors may be broken for such purpose.

Search of arrested persons:

Under Section 51,52 of CrPC 1898 search of arrested persons is necessary. If the accused is female, male officer cannot search her. However, personal search through lady police officer is allowed. If female police officer is not available, help of local ladies is allowed. Search memo/seizure memo shall be prepared.

Power to seize weapons:

According to Section 53 of CrPC 1898 if at the time of arrest, the arrested person has a weapon, the police will seize the weapon and make a seizure memo.

According to Section 53 A Whenever arrested person is accused of sexual offence, his medical examination shall be conducted immediately by a registered medical practitioner in the hospital run by the government or local authority. Such medical examination shall be conducted immediately without any delay. The medical practitioner shall prepare a report in this regard which shall contain the following data;

• Particulars of the accused
• Age of the accused
• Marks of injury (if any).
• Material obtained for DNA profiling
• Other reasonable details

Such medical report shall be forwarded to the investigating officer. The investigating officer shall forward it to the magistrate through public prosecutor.

Arrest Without Warrant

Section 54 (1^st Category):

There are  following 9 circumstances in which any police officer may arrest a person without warrant;

1. When any person has concern in any cognizable offence as accused, for example, murder.
2. When any person is possessing implement (tool) of house breaking, unless he has no reasonable explanation (legal justification).
3. When someone has been declared as Proclaimed Offender (PO). The PO may be declared by the provincial government or by court.
4. Anybody who is suspect to possess the stolen property.

Note: Ignorance of offence is no excuse. If he has reasonable explanation he may be released.

• Anyone who obstructs police officer from doing his duty or anyone who has escaped from police custody.
• Deserter – Fauji Bhagora
• Anyone who is fugitive and has committed offence abroad.
•  If someone has been released from jail on some conditions, but he breaks such condition.
•  A person required by police of another area and of such requisition is received by local police.

Under circumstances of section 54, any police officer may arrest a person.

Section 55 (2^nd Category):

The SHO may arrest following persons without warrant;

1. Anyone taking precaution to conceal himself.
2. Any person who has no ostensible means of subsistence and he cannot give satisfactory account of himself.
3.  Any person who is by repute a habitual offender, robber, housebreaker, thief, receiver of stolen property, or extorter.

Schedule II Column 3 (3^rd Category):

This column describes that arrest may be made without warrant.

Section 57 (4^th Category):

When any person refuses to give his name, address, and other particulars if asked by the police, he may be arrested without warrant if police believes that he is likely to commit cognizable offence. Police may detain him till verification.

Section 151 (5^th Category):

Any person who is designing to commit an offence (cognizable) maybe arrested without warrant as preventive measure.

Section 401 (6^th Category):

Bail after conviction:

If anyone released on condition by suspending the sentence and the condition is that he shall appear before the court at the time of hearing of appeal and breaks such condition, he may be arrested without warrant.

Read out more on the topic of Bail here.

Conclusion

The Law of Arrest is designed to balance law enforcement authority with individual rights. Whether an arrest is made based on probable cause or an arrest warrant, legal compliance is essential to uphold justice. Understanding these legal principles helps individuals navigate their rights and ensures that law enforcement operates within legal boundaries.

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