CrPC Section 46
CrPC Section 46 – Arrest: How made
Section 46 of the Code of Criminal Procedure (CrPC), 1973, deals with how an arrest is to be carried out by police or any authorized person.
📜 Bare Act Text (Simplified):
(1) In making an arrest, the police officer or other person shall actually touch or confine the body of the person to be arrested, unless the person submits to custody verbally or by action.
(2) If the person forcibly resists the arrest or attempts to evade it, the arresting officer may use all means necessary to effect the arrest.
(3) No police officer shall cause the death of a person who is not accused of an offence punishable with death or with imprisonment for life.
(4) Except in certain cases, a woman shall not be arrested after sunset and before sunrise, and if it is necessary, a woman police officer must make a written report and get prior permission from a Magistrate.
🔍 Explanation:
✅ 1. Touching or Submission:
Normally, arrest involves physical contact.
But if the person willingly submits, then actual touching is not necessary.
✅ 2. Use of Force:
If someone resists or tries to run, the police can use reasonable and necessary force.
However, the force used must be proportionate to the situation.
✅ 3. Protection from Death:
Police cannot kill a person while making an arrest unless the person is accused of a capital offence (i.e., punishable with death or life imprisonment) and poses a serious threat.
✅ 4. Protection of Women:
A woman should not be arrested at night (after sunset and before sunrise) unless:
It's an exceptional case.
A woman police officer submits a report.
A Magistrate approves it in writing.
🧑⚖️ Important Case Law:
D.K. Basu v. State of West Bengal (1997)
The Supreme Court laid down guidelines for arrest, including rights of the arrested person and duties of police to prevent custodial abuse.
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