This book provides a concise yet authoritative analysis of the law relating to arrest, a fundamental concept in criminal procedure that remains undefined in the Code of Criminal Procedure. It examines the legal meaning of arrest, distinguishes it from custody, and explains the principles governing lawful arrest through judicial decisions and established legal authorities.
Covering key topics such as the elements of arrest, malicious arrest, second arrests, and warrants of arrest, the book offers practical guidance and insightful commentary. It is an invaluable reference for judges, legal practitioners, prosecutors, law enforcement officers, academics, and students seeking a clear understanding of this important area of criminal law.
General Contents:
- Law Commission of India—Report on Law Relating to Arrest
- Introduction
- When Police May Arrest Without Warrant
- Arrest on Refusal to Give Name and Residence
- Arrest by Private Person and Procedure on Such Arrest
- Arrest How Made
- Search of Place Entered by Person Sought to Be Arrested
- Person Arrested to Be Informed of Grounds of Arrest and of Right to Bail
- Obligation of Person Making Arrest to Inform About the Arrest, etc., to a Nominated Person
- Examination of Accused by Medical Practitioner at the Request of Police Officer
- Examination of Arrested Person by Medical Officer
- Procedure When Police Officer Deputes Subordinate to Arrest Without Warrant
- Person Arrested to Be Taken Before Magistrate or Officer in Charge of Police Station
- Person Arrested Not to Be Detained More Than Twenty-Four Hours
- Summons How Served
- Service When Persons Summoned Cannot Be Found
- Procedure When Service Cannot Be Effected as Before Provided
- Service of Summons on Witness by Post
- Form of Warrant of Arrest and Duration
- Power to Direct Security to Be Taken
- Warrants to Whom Directed
- Warrant May Be Directed to Any Person
- Warrant Forwarded for Execution Outside Jurisdiction
- Proclamation for Person Absconding
- Attachment of Property of Person Absconding
- Claims and Objections to Attachment
- Issue of Warrant in Lieu of, or in Addition to, Summons
- Power to Take Bond for Appearance
- Arrest on Breach of Bond for Appearance
- Summons to Produce Document or Other Thing
- When Search-Warrant May Be Issued
- Search of Place Suspected to Contain Stolen Property, Forged Documents, etc.
- Power to Declare Certain Publications Forfeited and to Issue Search-Warrants for the Same
- Application to High Court to Set Aside Declaration of Forfeiture
- Search for Persons Wrongfully Confined
- Power to Compel Restoration of Abducted Females
- Persons in Charge of Closed Place to Allow Search
- Power of Police Officer to Seize Certain Property
- Relevant Statutory Forms (1 to 56)
- Subject Index
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