The Criminal Procedure Code, 1973 provides a certain procedure to be followed after arrest to ensure the legality of the arrest. And also to ensure the protection of the honest police officers from the false accusation.
Introduction
The criminal procedure consists of the pre-trial and post-trial procedures. Pre-trial is the most important stage which determines the material evidence to be available in favor of or against the accused. After arrest procedures also ensure surveillance on the authorities making an arrest. In this article, we are going to discuss the post-arrest procedure.
Important Sections on the post-arrest procedure
Section 41D, 49 to 54, 58, 59 of the CrPC, 1873 are the important Sections of post-arrest procedures.
1. Right of arrested person to meet an advocate- Section 41D
Whenever any person is arrested or interrogated by the police, the arrested person shall be entitled to meet an advocate of his choice during interrogation.
2. No unnecessary restraint- Section 49
The person arrested shall not be subjected to more restraint than is necessary to prevent his escape.
3. Right to be informed- Section 50
It is the fundamental right of a person to be informed of the charges that are framed against him. A police officer has to inform the accused person with the complete information of the offense for which he is arrested and also inform the person if the offence falls under the bailable or non-bailable category.
4. The search for Arrested Person- Section 51
It empowers the police officer to search in any place where there is a likelihood of discovering any material. If such search is to any avail and the searching authority discovers any document, a material thing, it can seize them according to Section 102 of the Code and produce them in court to present on the record.
5. Seizure of offensive weapons- Section 52
The person making an arrest is empowered to seize any offensive weapon from the possession of the arrested person and shall deliver all weapons to the court.
6. Report of arrest to be sent to District Magistrate
Section 58 requires a police officer to send the report of all cases where the accused person is arrested without a warrant within the local limits of his police station to the District Magistrate or if the District Magistrate directs, to Sub-Divisional-Magistrate.
7. Discharge of arrested person only on Bond or Bail
Once a person is arrested by the police, he/she can be discharged only after taking a bond or bail for his appearance before a Magistrate. The police cannot discharge him on their responsibility without the order of a magistrate.
8. Medical examination of the arrested Person- Section 53 & 54
The code entails two kinds of medical examinations.
Section 53:
Firstly, this empowers a registered medical practitioner to make such an examination of the arrested person if there is a reasonable ground for believing that examination of his person will afford evidence as to the commission of the offense.
Section 54:
Secondly, the examination of a person arrested for investigation or interrogation, and such an examination has to be conducted by a senior doctor in the service of the Government known as a medical officer.
-By Nitanshu Arora
Associate at Law Offices of Kr. Vivek Tanwar Advocate & Associates