Arrest

The act of using legal authority to catch and take someone to a place where the person may be accused of a crime. 'Arrest' is not defined under CrPC or any other Act, but the legal dictionary meaning of arrest is: 'The taking or keeping of a person in custody by legal authority, especially in response to a criminal charge.

Purpose of Arrest

Arrest involves placing a person in custody or under restraint, usually to compel obedience to the law. If the arrest occurs during criminal procedure, the purpose is to hold the person accountable for a criminal charge or to prevent the commission of an offense.

Elements of an Arrest

• Intent to arrest
• Authority to arrest
• Subjection to arrest
• Understanding by the person arrested that an arrest has occurred

Types of Arrest

• An arrest made in pursuance of a warrant issued by a Magistrate (Section 44 of CrPC).
• An arrest made without a warrant but with a legal provision permitting the detention (Section 41 of CrPC).

Arrest with a Warrant

Arrests may be initiated by an officer of the Police Department, the Magistrate, a private person, or an ordinary citizen under some legal provision permitting such an arrest.

Arrest without a Warrant

Section 41 enumerates the different categories of cases in which an officer of the Police can make an arrest without a warrant.

N. Medhiga Lakshmi
Final year
Saveetha School of Law