(1) In making an arrest the police officer or other person making the same shall actually touch or confine the body of the person to be arrested, unless there be a submission to the custody by word or action:
1[Provided that where a woman is to be arrested, unless the circumstances indicate to the contrary, her submission to custody on an oral intimation of arrest shall be presumed and, unless the circumstances otherwise require or unless the police officer is a female, the police officer shall not touch the person of the woman for making her arrest.]
(2) If such person forcibly resists the endeavour to arrest him, or attempts to evade the arrest, such police officer or other person may use all means necessary to effect the arrest.
(3) Nothing in this section gives a right to cause the death of a person who is not accused of an offence punishable with death or with imprisonment for life.
2[(4) Save in exceptional circumstances, no woman shall be arrested after sunset
and before sunrise, and where such exceptional circumstances exist, the woman
police officer shall, by making a written report, obtain the prior permission of
the Judicial Magistrate of the first class within whose local jurisdiction the
offence is committed or the arrest is to be made.]
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1. Ins. by Act 5 of 2009, s.7 (w.e.f. 31-12-2009).
2. Ins. by Act 25 of 2005, s. 6 (w.e.f. 23-6-2006).
Code of Criminal Procedure (CrPC)
41 CrPC When police may arrest without warrant
41A CrPC Notice of appearance before police officer
41B CrPC Procedure of arrest and duties of officer making arrest
41C CrPC Control room at districts
41D CrPC Right of arrested person to meet an advocate of his choice during interrogation
42 CrPC Arrest on refusal to give name and residence
43 CrPC Arrest by private person and procedure on such arrest
45 CrPC Protection of members of the Armed Forces from arrest
47 CrPC Search of place entered by person sought to be arrested
48 CrPC Pursuit of offenders into other jurisdictions
49 CrPC No unnecessary restraint
50 CrPC Person arrested to be informed of grounds of arrest and of right to bail