Question 592
The case Citizens for Democracy V. State of Assam is related to:
Answer
Arrest of a person
Why?
The correct option is Arrest of a person . Key Points An arrest of a person is made under the following sections of the CrPC:- Section 46 ( 1 ):- It provides ' how arrest is to be made '. According to the section, the arrest to be made is with a warrant or without a warrant, it is necessary that in making such arrest, the police officer or other person making the arrest touches or confines the body of the person to be arrested unless there be a submission to the custody by word or action. An oral declaration of arrest without actual contact or submission to custody will not amount to arrest. The CrPC has vested the police with the following powers for effecting an arrest of a person:- Use of force by the Police while making Arrest:- Section 46 ( 2 ):- It says that the police may use necessary force to arrest a person if the person to be arrested resists the arrest or attempts to evade the arrest. Section 46 ( 3 ):- It says that the power to use necessary force for making an arrest shall not extend to causing the death of a person who is not accused of an offence punishable with death or with imprisonment for life. Police should not handcuff an accused in normal circumstances:- An investigating police is restrained from handcuffing the arrested persons without prior permission from the concerned Magistrate. Case :- Citizens for Democracy v State of Assam ( 1995 ) The Supreme Court held that “In all the cases where a person arrested by the police is produced before the Magistrate and judicial or non-judicial remand is given by the Magistrate, the person concerned shall not be handcuffed unless special orders in this respect are obtained from the Magistrate at the time of the grant of the remand. When the police arrest a person in execution of a warrant of arrest obtained from a Magistrate the person so arrested shall not be handcuffed unless the police have also obtained orders from the Magistrate for the handcuffing of the person to be so arrested. Where a person is arrested by the police without a warrant the police officer concerned may, if he is satisfied, with the guidelines given by us that it is necessary to handcuff such a person, he may do so till the time he is taken to the police station and thereafter his production before the Magistrate. Further use of fetters thereafter can only be under the orders of the Magistrate as already indicated by us.” A police power to search a place:- Section 47 :- It says that the police are empowered to effect search a place and an occupier of a house is under a legal duty to afford to the police and any person acting under a warrant of arrest, all the facilities to search the house for to make arrests. A police power to pursue Offenders any place in India:- Section 48 :- It says that the police officer may arrest without warrant any person whom he is authorized to arrest, or pursue such a person into any place in India. A police power to obtain assistance:- Section 37 :- It says that the police officer can reasonably ask any person to assist him in the taking of or preventing the escape of any other person whom he (the officer) is authorized to arrest. The power to require Subordinate Officers to arrest:- Section 55 :- It says that an officer in charge of a police station or any police officer investigating Chapter XII of CrPC , can require any subordinate officer to arrest without a warrant any person who may lawfully be arrested without a warrant and shall deliver to the officer so required an order in writing, specifying the person to be arrested and the offence or other cause for which the arrest is to be made.
