The code of criminal procedure - arrest and bail

Sourav Banerjee MA,MSW (Shabda Bramha) (8842 Points)

19 January 2012  

The Code of Criminal Procedure - Arrest and Bail


ARREST means a curtailment of personal liberty, for legal purposes. Arrest means preventing a person from having free movement by applying the authority under law.


Who can arrest :

1. A police officer may arrest without a warrant under Cr. P.C. Sections 41 (1) to 151; under a warrant under Sections 72 to 74; under the written order of an officer in charge under Sections 55 and 157; under the orders of magistrate u/s 44 and in non cognizable offence u/s 42 Cr. P.C.

2. A superior officer u/s 36 Cr. P.C.

3. An Officer-in-Charge of a Police Station u/s 42 (2) and 157 Cr. P.C.

4. A magistrate u/s 44 Cr. P.C.

5. A military officer u/s 130 and 131 Cr. P.C.

6. A private person without warrant u/s 43 Cr. P.C., with warrant u/s 72 and 73, under order of a Police officer u/s 37 and under order of a magistrate u/s 37 and 44 Cr. P.C. and also 60 (1) Cr. P.C.


 Powers of the Police to arrest : Sections 41, 42, 151 Cr. P.C. and a Police officer may arrest without warrant u/s 41 Cr. P.C. in the following conditions :-

a. Who has been concerned in any cognizable offence

b. Who has in possession, without, lawful excuse, of any house breaking weapon

c. Who has been proclaimed as an offender either under Cr. P.C. or by order of the State Govt.

d. Who is in possession of any stolen property

e. Who obstructs a police officer while in the execution of his duty or who has escaped, or attempts to escape, from lawful custody

f. Who is reasonably suspected of being a deserter from any of the Armed forces of the Union

g. Who has been concerned in any law relating to extradition

h. Who, being a released convict commits a breach of any rule made under sub-section (5) of Section 356 Cr. P.C. (i) For whose arrest any requisition has been received from another police officer specifying the person to be arrested and the offence and other cause for which the arrest is to be made.


THE RIGHTS OF ARRESTED PERSONS : Article 22 of the Constitution provided certain fundamental rights for the arrested persons –

a. Right to know the grounds of his arrest

b. Right to consult the lawyer of his choice

c. Right to be defended through a counsel

d. Right to be produced before the magistrate within 24 hours of arrest

e. Right not to be detained beyond 24 hours

f. Right to a corresponding duty of the police officer to procure a direction from the Magistrate if the detention is needed beyond 24 hours. In a JUDGEMENT the Supreme Court of India recognised  some more rights of an arrested person under Articles 21 and 22 (2) of the Constitution of India –

g. Right to communicate the information of arrest to a friend, relative or well wisher.

h. Right to consult a lawyer

i. Right to be informed about his right to seek information to relative friends, well wisher through the police

j. Right to a corresponding duty that a police officer has to record the details of the person to whom the information about the arrest is given, in a diary. Besides, the arrested person must be produced before a registered medical officer for treatment and checkup immediately after arrest.              



Section 436 Cr. P.C. provides that when a person is arrested in a bailable case, bail is a right to the arrested person. Section 437 Cr. P.C. – It relates to non bailable offences. Section 438 Cr. P.C. direction for grant of bail to person apprehending arrest. When any person has reason to believe that the may be arrested on an accusation of having committed a non-bailable offence, he may apply to the High Court or Court of Sessions for a direction under this section, and that Court may, if it thinks fir, direct that in the event of such arrest, he shall be released on bail.

Section 439 Cr. P.C. – Special powers of High Court or Court of Sessions regarding bail.


The directions of the Supreme Court should strictly be followed in the matter of arrest of any person under any law.              



The above notes - prepared with a view to make easier memorisation of the topic - must be supplemented with Text books and Periodicals.