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Arrest Provision Under Section 41- 60A of CRPC – Criminal Procedure Code,1973 – Judiciary – Free PDF Download

Safeguard provision of Arrest Section 41-60A of CrPC

  • If the information or reasonable complaint is that a person has committed a cognizable offence of less than seven years or up to seven years of imprisonment, the reason has to be recorded in writing for his arrest.
  • The police officer have to give a detailed account as to why arrest is made
  • The reason to be recorded in details and elaborately.
  • Moreover reason to be recorded even of no. arrest by police officer then also reason to be recorded.
  • There should be visible identification mark of the police officer.
  • Memorandum of arrest has to be signed by the witness and counter signed by the accused.
  • The accused family and friends should be informed about the arrest.

   Section 41B read with section 50A

  • There should be police headquarter established by state government at state and district level  (section 41 C)
  • The arrested person has a right to meet an advocate of his choice during interrogation but not through interrogation. (section 41 D)
  • To maintain the person custody, reasonable force to be applied, if trying to escape or use force then confine else not to use force. (Section 46 and 49)
  • The Arrested person should be informed about the ground of arrest and that he has a right to bail.
  • If a police officer has arrested without warrant then forthwith communicate him full particulars of offence and in case of bailable offence tell him that he has right to bail.
  • Medical examination of the accused – accused has to be medical examined by medical officer in the service of state and central government.
  • In case the arrested person is female the examination by female medical officer
  • And such medical officer will record the examination and report of such examination shall be furnished to the arrested person. (Section 54)
  • It is the duty of the person having custody of the accused to take care of health and safety of the accused. (Section 55A)
  • The person who is arrested to be taken before magistrate or officer in charge of police station without any delay. (Section 56)
  • The person arrested should not be detained for more than 24 hours, unless special order is given under section 167.  (Section 57)
  • Officer of police station shall report to DM or SDM about all the arrest cases which are without warrant and whether such person were given bail or not. (Section 58)
  • These safeguard provided in various provision of this code shall be strictly followed. (Section 60 A)

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