Procedure of an Arrest.
1. Introduction
The arrest is sufficient if there is a submission to the custody by word or act8ion, in which case, there is no need actual touch or confine of the body of such person. An arrest in police custody does not necessarily mean custody after formal arrest, but also includes some form of police surveillance and restrictions on the movements of the person concerned by police. Procedure for arrest of accused viz.,
(i) commission of offense,
(ii) (ii) registration of FIR
(iii) (iii) Start of investigation
(iv) (iv) Collection of Evidence, and
(v) (v) arrest of the accused for the purpose of investigation.
2. Relevant Provision
Section 46 to 53 and 55 of Code of Criminal Procedure 1898
3. Reason for arrest
a. Matter of Public importance
b. Administration of Justice
4. Definition of Arrest
Confining the body of a person required to be arrested by actual touching of the body by the police officer.
5. Types of arrest
Following are the types fo arrest;
i. Parole Arrest ii. Arrest without Warrant iii. Arrest with warrant iv. Civil Arrest
v. Re-arrest
nearest Magistrate empowered to deal with the case under section 112.
9. Remedies for Maliciously arrest
i. Section 491 Cr.P.C 1898 ii. Writ u/Article 199 of the Constitution of Islamic Republic of Pakistan, 1973.
Conclusion
It is clear that the word “arrest”, when used in its ordinary and natural sense, means the apprehension or restraint or the deprivation of one’s personal liberty. The question whether the person is under arrest or not, depends not on the legality of the arrest, but on whether he has been deprived of his personal liberty to go where he pleases, when used in the legal sense, in the procedure connected with criminal offenses, an arrest consists in the taking into custody of another person under authority empowered by law, for the purpose of holding or detaining him to answer a criminal charge or of preventing the commission of criminal offense. The essential elements to constitute elements to constitute an arrest in the above sense are that there must be intent to arrest under the authority, accompanied by a seizure or detention of the person in the manner known to law, which is so understood by the person arrested. Section 46 Cr,P.C does not contemplate any formality before a person can be said to be taken in custody. Submission to the custody by words of mouth or action by a person is sufficient. A person directly giving a police officer by word of mouth information, which may be used as evidence against him, may be deemed to have submitted to the custody of the Police Officer.
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