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Origin of CrPC

The Mohammedan Criminal Law became prevalent in mediaeval India as a result of the law established by the Muslims. The British rulers passed the Regulating Act of 1773, which established a Supreme Court in Calcutta, and later in Madras and Bombay. The Supreme Court was to decide the cases of the Crown's subjects using British procedural law.Following the 1857 Rebellion, the crown took over administration in India. The British parliament passed the Indian Penal Code in 1861. The CrPC was established for the first time in 1882, then amended in 1898, and finally in 1973, according to the 41st Law Commission report.

The term "arrest" has been derived from the French word "arret," which generally means "to stop or stay." [1] The term "arrest" refers to the detention of a person by legal authorities in order to deprive them of their liberty.

An arrest is the act of apprehending and bringing a person into custody (legal protection or control), usually because the individual is suspected of committing a crime or has been observed committing one. The law has provided various provisions regarding the arrest of an individual by various individuals, which are discussed in the following sections of the Code of Criminal Procedures.

Types of arrest

  • Arrest done by police with a warrant

When a person has committed a non-arrestable offence, a warrant is required to be issued. Without a warrant, the police cannot make such an arrest. A warrant is issued on behalf of the state by a Judge or a Magistrate. An arrest warrant authorises the arrest or detention of a person, as well as the capture or seizure of a person's property. Section 41(1) of the Criminal Procedure Code of 1973 explains when a person can be arrested without a warrant. Section 41(2) of the CrPC, 1973 states that in the case of a non-cognizable offence and a complaint, a person cannot be arrested without a warrant and an order of the magistrate.

  • Arrest done by police without a warrant

An arrest without a warrant occurs when a police officer has the authority to arrest someone without a warrant. It can only happen if a person is a suspect in an arrestable offence. Section 41(1) of the CrPC specifies several grounds for making an arrest without a warrant. It is usually done in the case of a cognizable offence, a reasonable complaint, or when credible information is received. Section 41 of the CrPC addresses situations in which a police officer is authorised to arrest someone without a warrant from a magistrate. When the person is: Involved in any cognizable offence such as murder, rape, kidnapping, theft, and so on; or in possession of any housebreaking weapon without a lawful excuse or Proclaimed as an offender under the CrPC or by order of the State Govt.In possession of any stolen goods or services Involved in a violation of any rule made under Section 356 CrPC's sub-section (5) The person whose arrest has been requested by another police officer, specifying the person to be arrested as well as the offence and other reason for the arrest.

  • Arrest ordered by the magistrate

A magistrate's arrest is authorised under Section 44 of the CrPC. Subsection 1 of this section states that if an offence is committed in the magistrate's presence within his jurisdiction, he may arrest or order someone to arrest the offender and commit the offender to custody. Subsection 2 allows the magistrate to arrest or order the arrest of a person for whom he is competent to issue a warrant. Subsection (1) of the Code of Criminal Procedure, 1973 grants the Magistrate the authority to arrest and commit a person who has committed an offence in his presence. Furthermore, Section 107 of the CrPC gives the Executive Magistrate the authority to order a person who is likely to commit a breach of the peace or disturb public tranquillity in any way to show cause why he should not be ordered to execute a bond with or without sureties for keeping the peace for such period, not exceeding one year, as the Magistrate thinks fit.

  • Arrest made by a private person

The procedure for arrests made by private individuals is outlined in Section 43 of the CrPC. This section empowers a private person to arrest an individual who commits a cognizable or non-bailable offence in his/her presence, or who is a 'proclaimed offender.' A private person may arrest such an offender and hand him over to the nearest police station; however, if the police officer discovers that the offender falls under the provisions of Section 41, the police officer must re-arrest the offender.

  • Exception for armed forces

Armed Forces personnel are protected from arrest under Section 45 of the CrPC. Section 45(1) states that no member of the armed forces may be arrested for anything done while performing official duties unless the Central Government consents. It is subject to the conditions outlined in Code Sections 41-44.Section 45(2) states that the State Government may, by notification, direct that the sub-section (1) apply to any class or category of members of Armed forces charged with the maintenance of public order as specified therein, whenever they are serving. In other words, the State Government, like the Central Government, has the authority to exercise the powers mentioned in sub-section 1.

  • Arrest of females

Women have been granted some special rights that must be followed while carrying out their arrest. The general rule is that females are not arrested unless accompanied by a lady constable, and no female is arrested after sundown. However, there is an exception in cases where the crime is particularly heinous and arrest is critical, as arrest can be made on special orders based on the facts of the case. Women will be housed in separate cells. Furthermore, section 53 sub-section 2 of the CrPC requires that only registered female medical practitioners be appointed to examine female accused.


Various provisions have been enacted under the CrPC and the Indian Constitution to ensure smooth operation and to avoid any confusion when carrying out an arrest. Various rights have been granted to those who have been arrested in response to ensure that they are not exploited by the arresting authority. As a result, the law has prioritised both the arrested and the arrestee.

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