ARREST : THE CODE OF CRIMINAL PROCEDURE 1898

Written by HT AL-AMIN KHAN, Student, Department of Land Management and Law, Jagannath University, Dhaka.

Arrest Generally

Arrest how made

Section 46 of The law specifies the procedure for making an arrest and the limitations on using force during the process. According to this section:

1.    Arrest Procedure: When making an arrest, the police officer or person arresting must physically touch or confine the person, except if the person agrees to be arrested by their words or actions.

2.    Use of Force: If the person being arrested resists with force or tries to escape, the arresting officer can use any necessary means to make the arrest.

3.   Restriction on Lethal Force: This section does not allow causing the death of a person accused of a non-capital offense. Lethal force is only permitted for those accused of offenses punishable by death or transportation for life.

Search Procedure during Arrest: Sections 47, 48, 51, and 52

Searching for Arrested Person

Section 47: If the police believe the person they are looking for is inside a place, the person in charge must allow them to enter and search.

Entry Not Possible

Section 48: If they can't enter the place, the police can break in to search if necessary.

Searching Arrested Persons

Section 51: When someone is arrested, the police can search and take away their belongings, except for essential clothes.

Search Procedure Relating to Women

Procedure Entry Not Possible in women's apartment or house:

Breaking Open Women's Apartment: Special Rule Section 48 (Para 2):

But if it's a woman's apartment and she doesn't appear in public, they must give her a chance to leave before entering.

Searching Women

Section 52: If they need to search a woman, another woman must do it with respect and decency.

 
Power During Arrest

Power to Break Open Doors and Windows for Liberation

Section 49 Any police officer or authorized person can break for open doors or windows to free himself or others who are lawfully inside a place for making an arrest but are detained there.

Power to Seize Offensive Weapons

Section 53: The arresting officer can take away any offensive weapons found on the person being arrested. These weapons must be delivered to the Court or the designated officer as required by this Code.

Limitation of Power

Section 50 The arrested person should only be restrained as much as needed to prevent escape; excessive restraint is not allowed.

Power to Search

Sections 47, 48, 51, and 52

 

Arrest Without Warrant

When Police Can Arrest Without Warrant

Section 54 Police can arrest people without a warrant in the following situations:

1. If someone is involved in a crime or there is a reasonable complaint, credible information, or suspicion against them related to a serious offense.
2. If a person is found with burglary tools without a valid reason.
3. If someone has been declared an offender by the Government or under the law.
4. If a person is found with something that appears to be stolen property and there is reason to suspect their involvement in a related offense.
5. If a person obstructs a police officer during their duty, tries to escape lawful custody, or has already escaped.
6. If there is a reasonable suspicion that a person is a deserter from the armed forces of Bangladesh.
7. If a person is involved in an act outside Bangladesh that would be punishable as an offense in Bangladesh, and there is a valid request for their arrest through extradition or the Fugitive Offenders Act, 1881.
8. If a released convict violates any rule specified under section 565, sub-section (3).
9. If another police officer requests the arrest of a specific person for a known offense, and the requisition provides sufficient details justifying the arrest without a warrant.

Additional Situation

Arrest of Suspected Offenders (vagabonds, habitual robbers, etc)

Section 55 The officer in charge of a police station can arrest or instruct the arrest of:

(a) Anyone found trying to hide and acting suspiciously within the station's limits, indicating a possible intent to commit a serious crime.

(b) Anyone within the station's limits who has no apparent means of supporting themselves or cannot provide a satisfactory explanation about themselves.

(c) Anyone reputed to be a habitual robber, burglar, or thief, or known for frequently receiving stolen goods with knowledge of their origin, or engaging in extortion and using intimidation to create fear.

Summary: Section 55 allows the officer in charge of a police station to arrest individuals under specific circumstances: (a) Suspicious individuals trying to conceal their presence with the intent of committing a crime. (b) Individuals with no apparent means of livelihood or unable to explain their situation. (c) Individuals known for their habitual involvement in criminal activities like robbery, burglary, theft, or extortion using fear tactics.

Arrest for Refusal to Give Name and Residence

Section 57 If a person commits a minor offense or is accused of one and refuses to provide their name and address to the police officer, or gives false information, the officer can arrest them to find out their identity. Once their true identity is established, they may be released on bail if they sign a bond to appear before a Magistrate. If the person's identity remains unknown or they fail to provide the required bond or sureties, they will be taken to the nearest Magistrate 24 hours.

Escape from Custody

Power to Pursue and Retake After Escape: If a person lawfully in custody escapes or is rescued, the person from whose custody they escaped can immediately pursue and re-arrest them anywhere in Bangladesh. S.66

Provisions of Sections 47, 48, and 49 Apply to Arrest under Section 66. the rules and provisions stated in sections 47, 48, and 49, which relate to arrests, also apply to arrests made under section 66, even if the arresting person is not acting under a warrant and is not a police officer with arresting authority. S. 67

 

Duties of Police Officer After Arrest without Warrant

Appearance before Magistrate or OC: After arresting a person without a warrant, the police officer must promptly take or send the arrested person to either a Magistrate with jurisdiction in the case or the officer in charge of a police station, following the rules regarding bail. S. 60

Appearance within 24 hours: The police officer cannot keep the arrested person in custody for more than a reasonable period, not exceeding twenty-four hours (excluding travel time to the Magistrate's Court), unless a special order from a Magistrate under section 167 is obtained. S. 61

Provide a Report of apprehension: The officer in charge of a police station must report all cases of persons arrested without a warrant within their station's limits, whether they have been granted bail or not. In a Metropolitan Area, the report goes to the Chief Metropolitan Magistrate, and in other areas, it goes to the District Magistrate and the Chief Judicial Magistrate. S. 62

Discharge of person apprehended: No person who has been arrested by a police-officer shall be discharged except on his own bond, or on bail, or under the special order of a Magistrate. S.63

Power Others to Arrest Without Warrant

1. Any Person Arrest without warrant in this situation when under s.59

a)   Any private person can arrest another person if they witness the commission of a non-bailable and cognizable offense or if the person is a proclaimed offender.

b)     If the arrested person appears to fall under the provisions of Section 54, a police officer must re-arrest the individual.

c)   The person will be dealt with as per the provisions of Section 57 (refusal to give name and residence). If there is no sufficient reason to believe that the person committed an offense, they must be released immediately.

Duty: After the arrest, the private person must without unnecessary delay hand over the arrested person to a police officer. If no police officer is present, the private person must take the arrested person to the nearest police station.

 

2. A Magistrate (Executive or Judicial) can Arrest without a Warrant:

 

1.  If an offense is committed in their presence within their jurisdiction, they can arrest the offender themselves or order someone else to do so. The offender may be sent to custody, considering bail provisions. S.64

2.     At any time within their jurisdiction, the Magistrate can personally arrest or direct the arrest of a person for whom they have the authority to issue a warrant under the prevailing circumstances. S.65

Other Rules Relating Arrest without Warrant

Procedure for Deputing Subordinate Police Officer to Arrest Without Warrant

1.    When an officer in charge of a police station or an investigating police officer under Chapter XIV needs a subordinate officer to make an arrest without a warrant (not in their presence), they must provide a written order specifying the person to be arrested and the offense or cause for the arrest.

Before making the arrest, the subordinate officer must inform the person to be arrested about the order and, if requested, show them the written order. (Section 56) 

“Blast & others vs. Bangladesh & others 55 DLR (2003) 363.”

Facts:

The case revolved around an application made under Article 102 (Powers of High Court Division to issue certain orders and directions) of the Constitution of the People's Republic of Bangladesh. The petitioners, including Bangladesh Legal Aid Services Trust (BLAST), Ain-O-Shalish Kendra, Sammilita Samajik Andolon, and several individuals, filed a writ petition concerning allegations of police abuse of power.

The petitioners claimed that the police were using their authority in an abusive manner, as granted by Section 54 (when police may arrest without a warrant) of the Criminal Procedure Code (CrPC). They also asserted that the police were misusing the powers provided under Section 167 (Procedure when investigation cannot be completed in twenty-four hours) of the same Code. These actions were believed to be in violation of the fundamental rights guaranteed by various articles of the Constitution, as indicated in paragraph 21 of the petition.

Judgement: The writ petition heard on 24^th, 30^th March and 2^nd April of 2003. The final judgement came on 7^th April 2003.

The directions are:

a. No Police officer shall arrest anyone under Section 54 for the purpose of detention under Section 3 of the Special Powers Act, 1974.

b. A police officer shall disclose his/her identity and show his/her ID Card on demand to the person arrested or those present at the time of arrest.

c. A record of reasons of arrest and other particulars shall be maintained in a separate register till a special diary is prescribed.

d. The concerned officer shall record reasons for marks of injury, if any, on the person arrested and take him/her to nearest hospital or government doctor.

e. The person arrested shall be furnished with reasons of arrest within three hours of bringing him/her to the Police Station.

f. If the person is not arrested from his/her residence or place of business, the relatives should be informed over the phone or through messenger within one hour of bringing him/her to Police Station.

g. The person concerned must be allowed to consult a lawyer of choice or meet nearest relations.

h. While producing the detained person before the Magistrate under Section 61 of the CrPC, the police officer must forward reasons in a forwarding letter under Section 167 (1) of the CrPC as to why the investigation could not be completed within twenty four hours and why s/he considers the accusation and information to be well founded.

i. On perusal of the forwarding letter, if the Magistrate satisfies him/herself that the accusation and information are well founded and materials in the case diary are sufficient for detaining the person in custody, the Magistrate shall pass an order of detention and if not, release him/her forthwith.

j. Where a person is released on the aforesaid grounds, the Magistrate shall proceed under 190(1) (c) of the CrPC against the Officer concerned under Section 220 of the Penal Code.

k. Where the Magistrate orders detention of the person, the Officer shall interrogate the accused in a room in a jail until a room with glass wall or grille on one side within sight of lawyer or relations is constructed.

l. In any application for taking accused in custody for interrogation, reasons should be mentioned as recommended.

m. The Magistrate while authorizing detention in police custody shall follow the recommendations laid down in the judgment.

n. The police officer arresting under Section 54, or the Investigating Officer taking a person to custody or the jailor must inform the nearest Magistrate about the death of any person in custody in compliance with these recommendations.

o. The Magistrate shall inquire into the death of any person in police custody or jail as per the recommendations.

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• BLAST and others vs. Bangladesh and others [‘Section 54 Guidelines Case’, or ‘Rubel Killing Case’ or ‘Guidelines on Arrest and Remand Case’], Blast.
• The judgment of the case ‘ Blast & others vs. Bangladesh & others’, 55 DLR (2003) 363.
• Md Asif MAHBUB Tanvir, “Summary of the Case ‘Blast & Others vs. Bangladesh & Others.’” (www.academia.edu, July 17, 2018)<https://www.academia.edu/37065797/Summary_of_the_case_Blast_and_others_vs_Bangladesh_and_others_>.