Arrest- Meaning?

The word arrest has neither been defined in the code of criminal procedure (Crpc) nor in the I or any other law which deals with criminal offences in India. Section 41 crPC onward provides for the powers of arrest as to who can arrest and whom can be arrested.

It only indicates as to what would constitute arrest is found in section 46 CrPC. In order to arrest a person, the police officer has to touch or confine the body of the person to be arrested unless there is submission to the custody by words or action.

The question as to whether the police is bound to arrest a person has been answered by the the punjab and haraya High court that a police officer is not always bound to arrest an accused even if the allegation against him is having committed cognizable offence.

In gist Arrest means a person in custody and the police is entitled to restrain him. But keep in mind that the custody and arrest are two different terms it means that in every arrest there is custody but not vice versa.

After arrest there are provisions of bail which we shall discuss in upcoming days.

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