Lack of moral, wisdom and lack of education,  Creats and brings some evil crimes comes out of the society against the Women And Against the Society, It includes Rape, Sexual Assault, Insult to modesty, Kidnapping, Abducting, Cruelty by Intimate Partner, Dowry Death, Voyeurism, Stalking and many other crimes which are done against the Women. Both rape and adultery are crimes under IPC. Which have been briefly described below- 

History Of Rape :

In ancient time, Rape was considered as a weapon of war. Women were raped by soldiers during war in a country. Women belonging to ethnic groups were impregnated through rape by enemy soldiers and were sometimes raped HIV-infected men. In 1993, military sexual slavery and systematic rape were declared crimes against women by UN.

Rape in India:

In India, Rape is undoubtedly a heinous crime and an issue of great concern. According to National Crime Records Bureau 2013 report, Rape is fourth most common crime against women in India. Madhya Pradesh has highest raw number of rape reports among Indian states, while Jodhpur has highest per capita rape report which followed by Delhi.

 Difference between Rape and Adultery. 

Section 375 of the Indian Penal Code1860 defines Rape-Section 375 in The Indian Penal Code

1[375. Rape.—A man is said to commit “rape” who, except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the six following de­scriptions:—

(First) — Against her will.

(Secondly) —Without her consent.

(Thirdly) — With her consent, when her consent has been obtained by putting her or any person in whom she is interested in fear of death or of hurt.

(Fourthly) —With her consent, when the man knows that he is not her husband, and that her consent is given because she believes that he is another man to whom she is or believes herself to be law­fully married.

(Fifthly) — With her consent, when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupe­fying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent.

(Sixthly) — With or without her consent, when she is under sixteen years of age. Explanation.—Penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape.

(Seventhly) —  When she is unable to communicate consent

[EXPLANATION 1]- For the purpose of this section "vagina" shall also include labia majora

   [EXPLANATION 2]-  Consent means an unequivocal voluntary agreement when the woman by words gestures or any form of verbal or non-verbal communication, communicates willingness to participate in the specific sexual act:

Provides that a woman who does not physically resist to the act of penetration shall not by the reason only of that fact, be regarded as consenting to the sexual activity.

Capital Punishment for Rape:

Punishment in Muslim- dominated countries is instant death. According to a report, the percentage of rape crimes in these countries is low as compare to countries where punishment other than death is granted to rapists.

In India, Capital Punishment is a debatory issue in cases of rape. In Laxman Naik v. State of Orissa, 7 years old girl was sexually assaulted by her uncle, according to Court, the degree of injuries of victim were enough to prove the brutality with which rape and murder were committed and death penalty was awarded to accused

Section 376 in The Indian Penal Code

1[376. Punishment for rape.—

(1) Whoever, except in the cases provided for by sub-section (2), commits rape shall be punished with imprisonment of either description for a term which shall not be less than seven years but which may be for life or for a term which may extend to ten years and shall also be liable to fine unless the women raped is his own wife and is not under twelve years of age, in which cases, he shall be punished with imprisonment of either description for a term which may extend to two years or with fine or with both: Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than seven years.

(2) Whoever,—

(a) being a police officer commits rape—

(i) within the limits of the police station to which he is ap­pointed; or

(ii) in the premises of any station house whether or not situated in the police station to which he is appointed; or

(iii) on a woman in his custody or in the custody of a police officer subordinate to him; or

(b) being a public servant, takes advantage of his official position and commits rape on a woman in his custody as such public servant or in the custody of a public servant subordinate to him; or

(c) being on the management or on the staff of a jail, remand home or other place of custody established by or under any law for the time being in force or of a woman’s or children’s insti­tution takes advantage of his official position and commits rape on any inmate of such jail, remand home, place or institution; or

(d) being on the management or on the staff of a hospital, takes advantage of his official position and commits rape on a woman in that hospital; or

(e) commits rape on a woman knowing her to be pregnant; or

(f) commits rape on a woman when she is under twelve years of age; or

(g) commits gang rape, shall be punished with rigorous imprisonment for a term which shall not be less than ten years but which may be for life and shall also be liable to fine: Provided that the Court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment of either description for a term of less than ten years. Explanation 1.—Where a woman is raped by one or more in a group of persons acting in furtherance of their common intention, each of the persons shall be deemed to have committed gang rape within the meaning of this sub-section. Explanation 2.—“Women’s or children’s institution” means an institution, whether called an orphanage or a home for neglected woman or children or a widows’ home or by any other name, which is established and maintained for the reception and care of woman or children. Explanation 3.—“Hospital” means the precincts of the hospital and includes the precincts of any institution for the reception and treatment of persons during convalescence or of persons requiring medical attention or rehabilitation.]

The section 376-A, Punishment for causing death or resulting in persistent vegitative state of victim & 376-B, Sexual intercourse by husband upon his wife during seperation,376-C Sexual intercourse by a person in authority 376-D Gang Rape &376-E Punishment for the repeating offenders

Nirbhaya Gang Rape case, also known as Delhi Gang Rape case is the famous case of Capital Punishment. The outpouring anger and grief of people following the rape and murder gave rise to hopes for change in India. In this case, the Supreme Court said that brutality with which the offence is committed can’t be ignored and there is no chance of reformation, so accused should be hanged to death. Government of India passed an ordinance which provides death penalty in cases of rape that lead to death or leaves victim in “persistent vegetative state”. So, in this Case, the Supreme Court of India have given the Death Sentenced to all the Rapists.

Adultery

Historically, many cultures considered adultery a very serious crime, some subject to severe punishment, usually for the woman and sometimes for the man, with penalties including capital punishment, mutilation, or torture. Such punishments have gradually fallen into disfavor, especially in Western countries from the 19th century. In countries where adultery is still a criminal offense, punishments range from fines to caning and even capital punishment. Since the 20th century, criminal laws against adultery have become controversial, with most Western countries decriminalising adultery.

However, even in jurisdictions that have decriminalised adultery, adultery may still have legal consequences, particularly in jurisdictions with fault-based divorce laws, where adultery almost always constitutes a ground for divorce and may be a factor in property settlement, the custody of children, the denial of alimony, etc. Adultery is not a ground for divorce in jurisdictions which have adopted a no-fault divorce model, but may still be a factor in child custody and property disputes.

International organizations have called for the decriminalising of adultery, especially in the light of several high-profile stoning cases that have occurred in some countries. The head of the United Nations expert body charged with identifying ways to eliminate laws that discriminate against women or are discriminatory to them in terms of implementation or impact, Kamala Chandrakirana, has stated that: "Adultery must not be classified as a criminal offence at all". A joint statement by the United Nations Working Group on discrimination against women in law and in practice states that: "Adultery as a criminal offence violates women’s human rights".

In Muslim countries that follow Sharia law for criminal justice, the punishment for adultery may be stoning. There are fifteen countries in which stoning is authorized as lawful punishment, though in recent times it has been legally carried out only in Iran and Somalia. Most countries that criminalize adultery are those where the dominant religion is Islam, and several Sub-Saharan African Christian-majority countries, but there are some notable exceptions to this rule, namely Philippines, Taiwan, and several U.S. states.

Section 497 in The Indian Penal Code

497. Adultery.—Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such case, the wife shall not be punishable as an abettor.

This section punishes the offence of adultery committed with a married woman without a consent or connivance of her husband the main feature of this offence is that the male offender alone has been made liable. this offence is committed by a third person against a husband in respect of his wife. If an act of sexual intercourse takes place between a married man unmarried woman or with a widow or with a married woman whose husband consents to is, this offence shall not be deemed to have been committed.  it is not required for an offence under this section that the offender should know whose wife the woman is but he know that she was married, woman.

RAPE(Section 375)	ADULTERY(Section497)
1 Woman – (a)    Rape can be committed on any woman, Married or Unmarried (b)   Rape can be committed on woman-The offence is committed against the will and without the consent of the woman	1Woman – (a)    Adultery takes place only when the Woman (with whom sexual intercourse is had) is the wife of other person (b)   Adultery (violation of the marriage bed) cannot be committed with (1) An unmarried woman (2) with a married woman whose husband consents or (connive to wink at) at it
2 Consent of Woman – The offence can be committed even with consent of the girl, if she is under 16 years of age	2 Consent of Woman – Woman is a willing or consenting party (otherwise it would be Rape)
Whether it can be committed but a husband with his own wife? Yes if the wife is below 15 years old and also time if husband have sexual intercourse with his wife  then it is a rape	Whether it can be committed by a husband with his wife own wife? No
Offence is against what? Against the person of the Woman.	Offence is against what? Against Marriage
Who is the aggrieved party? The woman herself.	Who is the aggrieved party? The husband
How punished? Imprisonment for life of 10 years or fine or both	How punished? 5 years or Fine or Both

Cultural and Religious Tradition 

Islam

"Do not go near to adultery. Surely it is a shameful deed and evil, opening roads (to other evils)."^{[Quran 17:32]}

"Say, 'Verily, my Lord has prohibited the shameful deeds, be it open or secret, sins and trespasses against the truth and reason.'"^{[Quran 7:33]}

Hinduism

The Atharvaveda and the Upanishads, also acknowledge the existence of male lovers and female lovers as a basic fact of human life, followed by the recommendation that one should avoid such extra marital sex during certain ritual occasions (yajna).

After it was first discovered in China, the new Coronavirus is exploding fast across geographies
infecting a large populace and killing several thousands. State and local governments across the world are curtailing the activities and movements of people in order to stop the spread of coronavirus. During a quarantine measure like curfew or lockdown, the guidelines issued vary from state to state and the legal definitions of these two terms also vary. While a curfew and lockdown will appear similar to each other, they are actually not the same. Let us know briefly about the Lockdown and Curfew.

What is Lockdown?

Lockdown 

Lockdown is the most popular version of a quarantine measure implemented by the authorities during the emergency period or at the pandemic disease. There is no any Legal Procedure for this Order but in the Epidemic Disease Act,1897
Section 2A in The Epidemic Diseases Act, 1897 /2A. 4 Powers of Central Government. When the Central Government is satisfied that India or any part thereof is visited by, or threatened with, an outbreak of any dangerous epidemic disease and that the ordinary provisions of the law for the time being in force are insufficient to prevent the outbreak of such disease or the spread thereof, the Central Government may take measures and prescribe regulations for the inspection of any ship or vessel leaving or arriving at any port in 5 the territories to which this Act extends] and for such detention thereof, or of any person intending to sail therein, or arriving thereby, as may be necessary.]

3. Penalty. Any person disobeying any regulation or order made under this Act shall be deemed to have committed an offence punishable under section 188 of the Indian Penal Code (45 of 1860 ).

4. Protection to persons acting under Act. No suit or other legal proceeding shall lie against any person for anything done or in good faith intended to be done under this Act.

Rights of the Citizens During Lockdown

1. It is Right of every person that he/she can go out to buy the essential commodities, things which are for basic needs, etc.
2. No Police Officers can arrest any individual without any valid reason and not even Beat.
3. Can Sell the Groceries, Medicines, Milk but with due Care And there should be a social distancing
4. People 5 or more are together are allowed
   

Duties of the Citizens During Lockdown

1. The order should be followed by the people given by the authorities 
2. The social distancing should be maintained 
3. Precaution should be taken by the people
4. Don't roam unnecessarily 

What is Curfew?

Section 144 in The Code Of Criminal Procedure, 1973
144. Power to issue order in urgent cases of nuisance of apprehended danger.
(1) In cases where, in the opinion of a District Magistrate, a Sub- divisional Magistrate or any other Executive Magistrate specially empowered by the State Government in this behalf, there is sufficient ground for proceeding under this section and immediate prevention or speedy remedy is desirable, such Magistrate may, by a written order stating the material facts of the case and served in the manner provided by section 134, direct any person to abstain from a certain act or to take certain order with respect to certain property in his possession or under his management, if such Magistrate considers that such direction is likely to prevent, or tends to prevent, obstruction, annoyance or injury to any person lawfully employed, or danger to human life, health or safety, or a disturbance of the public tranquility, or a riot, of an affray.
(2) An order under this section may, in cases of emergency or in cases where the circumstances do not admit of the serving in due time of a notice upon the person against whom the order is directed, be passed ex parte.
(3) An order under this section may be directed to a particular individual, or to persons residing in a particular place or area, or to the public generally when frequenting or visiting a particular place or area.
(4) No order under this section shall remain in force for more than two months from the making thereof: Provided that, if the State Government considers it necessary so to do for preventing danger to human life, health or safety or for preventing a riot or any affray, it may, by notification, direct that an order made by a Magistrate under this section shall remain in force for such further period not exceeding six months from the date on which the order made by the Magistrate would have, but for such order, expired, as it may specify in the said notification.
(5) Any Magistrate may, either on his own motion or on the application of any person aggrieved, rescind or alter any order made under this section, by himself or any Magistrate subordinate to him or by his predecessor- in- office.
(6) The State Government may, either on its own motion or on the application of any person aggrieved, rescind or alter any order made by it under the proviso to sub- section (4).
(7) Where an application under sub- section (5) or sub- section (6) is received, the Magistrate, or the State Government, as the case may be, shall afford to the applicant an early opportunity of appearing before him or it, either in person or by pleader and showing cause against the order; and if the Magistrate or the State Government, as the case may be, rejects the application wholly or in part, he or it shall record in writing the reasons for so doing. D.- Disputes as to immovable property

As per the Section 144 of Crpc No person is allowed to move until there is an order and there should be no movement of Weapons. Not even a single person is allowed to move outside of the house. In this Police officer has the Power to Arrest and can use forceful way to keep the Public at their respective places 

This is blog is to understand to the the procedure of arrest underthe code of criminal procedure Act,1973.  An arrest is an act of apprehending and taking a person into custody (legal protection or control), usually because the person has been suspected of committing a crime. After being taken into custody, the person can be questioned further and/or charged. An arrest is a procedure in a criminal justice system. Police and various other officers have powers of arrest.

Arrest Warrant must be ensured 

 Constitution of India Provides Remedy to the Person  Arrested and The Human Rights and Protection of the Value of Human.

 The Constitution Of India 1949

22. Protection against arrest and detention in certain cases

(1) No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice

(2) Every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty-four(24) hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the magistrate and no such person shall be detained in custody beyond the said period without the authority of a magistrate

(3) Nothing in clauses ( 1 ) and ( 2 ) shall apply (a) to any person who for the time being is an enemy alien; or (b) to any person who is arrested or detained under any law providing for preventive detention

(4) No law providing for preventive detention shall authorise the detention of a person for a longer period than three months unless (a) an Advisory Board consisting of persons who are, or have been, or are qualified to be appointed as, Judges of a High Court has reported before the expiration of the said period of three months that there is in its opinion sufficient cause for such detention:

(5) When any person is detained in pursuance of an order made under any law providing for preventive detention, the authority making the order shall, as soon as may be, communicate to such person the grounds on which the order has been made and shall afford him the earliest opportunity of making a representation against the order

(6) Nothing in clause ( 5 ) shall require the authority making any such order as is referred to in that clause to disclose facts which such authority considers to be against the public interest to disclose

(7) Parliament may by law prescribe

(a) the circumstances under which, and the class or classes of cases in which, a person may be detained for a period longer than three months under any law providing for preventive detention without obtaining the opinion of an Advisory Board in accordance with the provisions of sub-clause (a) of clause ( 4 );

(b) the maximum period for which any person may in any class or classes of cases be detained under any law providing for preventive detention; and

(c) the procedure to be followed by an Advisory Board in an inquiry under sub-clause (a) of clause ( 4 ) Right against Exploitation

Case Laws of Arresting 

Kalyan Kumar Das vs The State Of West Bengal on 13 July, 1998

Equivalent citations: (1998) 2 CALLT 163 HC, 1998 (2) CHN 136

Author: V Gupta

Bench: P S Mishra, G R Bhattacharjee, V K Gupta, N A Chowdhury, B Panigrahi

JUDGMENT V.K. Gupta, J.

1, This reference shall endeavour to examine the true Import and scope of the State amendment carried out in respect of section 167(5) of the Code of Criminal Procedure. 1973 (hereinafter Code, for short). Section 167(5) of the parent Code read as under:--

"If in any case triable by a Magistrate as a summons-case, the investigation is not concluded within a period of six months from the date on which the accused was arrested, the Magistrate shall make an order stopping further Investigation into the offence unless the officer making the Investigation satisfies the Magistrate that or special reasons and in the Interests of justice the continuation of the investigation beyond the period of six months is necessary."

2. By the Code of Criminal Procedure (West Bengal Amendment) Act 1986, which came into force with effect from 2nd May, 1989, sub-section (5) of section 167 of the Code was substituted by way of the aforesaid State amendment for the State of West Bengal. The substituted sub-section(S) In the State amendment reads as under:--

(5) If in respect of-

(i) any case triable by a Magistrate as a summons case, the Investigation is not concluded within a period of six months, or

(ii) any case exclusively triable by a court of Session or a case under Chapter XVIII of the Indian Penal Code (45 of 1860) the investigation is not concluded within a period of three years, or

(iii) any case other than those mentioned in clauses (i) and (ii) the investigation is not concluded within a period of two years from the date on which the accused arrested or made his appearance.

The Magistrate shall make an order stopping a further investigation into the offence and shall discharge the accused unless the officer making the Investigation satisfied the Magistrate that for special reasons and in the interests of Justice the continuation of the investigation beyond the periods mentioned in this sub-section is necessary."

3. Accused Kalyan Kumar Das was arrested on 25th January 1988 and on the same date a case was registered at Keshpur Police Station against him, being case No. 5 of 25th January 1988 under section 7(1)(a)(ii) of the Essential Commodities Act, 1955. On completion of the investigation, charge-sheet being CS No. 32 of 12th October 1988 was submitted against the accused, This charge sheet was received by the learned Judge, Special Court, Midnapore, under the Essential Commodities Act on 16th November 1988 and the cognizance thereupon was taken by the learned Special Judge on 8th December 1988. 27th January 1989 was fixed as the date for the examination of the accused in terms of section 251 of the Code. On this date an application was moved by the accused before the learned Special Judge for quashing the proceedings and for an order of acquittal of the accused on the ground that investigation of the case continued beyond the period of six months and such continuance being totally without Jurisdiction, the cognizance taken thereupon by the learned Judge was bad and hence the accused was entitled to an order of acquittal. The learned Special Judge however vide order 28th February. 1989 rejected the aforesaid application of the accused. The accused filed a Criminal Revision Petition in this court which came up for consideration before a learned single Judge. The dates indicated below will give a preview of the relevant periods relating to the completion of the investigation beyond time and the filing of the case in the court etc.:--

The Supreme Court of India

The Supreme Court of India under Article32 of Indian constitution and the High Courts in states under Article 226 of Constitution of India have the powers to issue writs in the nature if Habeus Corpus for enforcement of any of the Fundamental Rights 

Officers must produce the Warrant if the Crime is Non-cognizable 

If the Person Commits a Crime/Offence. Under Section 167 of The Code Of Criminal Procedure, 1973 Mention that:

If the Offence is Cognizable then Officers will arrest the person at the moment For Example offences like Rape, Murder. If A Commits a Rape the Arresting is Very Important without the Arrest Warrant.So, It Depends upon the Seriousness of the Crime. Police have no Right to Arrest if the Crime is not Heinous.

1.)At the time Arrest Ask the Police Officer to fill the Arrest Memo.

2.)At the time Arrest Ask the Police Officer to take Medical Test

3.)Woman Can't be Arrested or called to Police Station after Sunset or Before Sunrise. The Arresting can only be done by the Female

Officer.

4.)If a Child commits any Crime then the officers on Duty had to Put off the Uniform and wear odd simple clothes and had brought in custody in a very polite and in a gentle way. No child had to bring in handcuffs.

 Offences are of 2 types 

1. Bailable Offence/Non-Cognizable Offences 
2. Non-Bailable Offence/ Cognizable Offences 

Cognizable Offence:

A cognizable offence is an offence in which the police officer as per the first schedule or under any other law for the time being in force, can arrest the convict without a warrant and can start an investigation without the permission of the court. Cognizable offences are generally heinous or serious in nature such as murder, rape, kidnapping, theft, dowry death, etc. The first information report (FIR) is registered only in cognizable crimes. Under section 154 Criminal Procedure Code (CrPC), a police officer is bound to register an FIR in case of a cognizable crime. He can also conduct some kind of preliminary inquiry before registering the FIR. In these offences, a convict is arrested and produced before the magistrate in the stipulated time. Owing to the serious nature of the crime, court?s approval is implicit in cognizable offences.

Non-Cognizable Offence:

A non-cognizable offence is the offence listed under the first schedule of the Indian Penal Code and is bailable in nature. In case of a non-cognizable offence, the police cannot arrest the accused without a warrant as well as cannot start an investigation without the permission of the court. The crimes of forgery, cheating, defamation, public nuisance, etc., fall in the category of non-cognizable crimes.In this type of crimes, a criminal complaint is lodged with the metropolitan magistrate who is supposed to order the concerned police station to initiate an investigation. The police officer is supposed to file the charge sheet with the court which is followed by a trial. After the trial, if the accused is found guilty, the court passes the order to issue the warrant to arrest the accused.

Section 167 in The Code Of Criminal Procedure, 1973

167. Procedure when investigation cannot be completed in twenty-four hours.

(1) Whenever any person is arrested and detained in custody and it appears that the investigation cannot be completed within the period of twenty- four hours fixed by section 57, and there are grounds for believing that the accusation or information is well-founded, the officer in charge of the police station or the police officer making the investigation, if he is not below the rank of sub-inspector, shall forthwith transmit to the nearest Judicial Magistrate a copy of the entries in the diary hereinafter prescribed relating to the case, and shall at the same time forward the accused to such Magistrate.

(2) The Magistrate to whom an accused person is forwarded under this section may, whether he has or has not jurisdiction to try the case, from time to time, authorize the detention of the accused in such custody as such Magistrate thinks fit, for a term not exceeding fifteen days in the whole; and if he has no jurisdiction to try the case or commit it for trial, and considers further detention unnecessary, he may order the accused to be forwarded to a Magistrate having such jurisdiction: Provided that-

(a) ¹ the Magistrate may authorize the detention of the accused person, otherwise than in the custody of the police, beyond the period of fifteen days; if he is satisfied that adequate grounds exist for doing so, but no Magistrate shall authorise the detention of the accused person in custody under this paragraph for a total period exceeding,-

(i) ninety days, where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of not less than ten years;

(ii) sixty days, where the investigation relates to any other offence, and, on the expiry of the said period of ninety days, or sixty days, as the case may be, the accused person shall be released on bail if he is prepared to and does furnish bail, and every person released on bail under this sub- section shall be deemed to be so released under the provisions of Chapter XXXIII for the purposes of that Chapter;]

(b) no Magistrate shall authorise detention in any custody under this section unless the accused is produced before him;

(c) no Magistrate of the second class, not specially empowered in this behalf by the High Court, shall authorise detention in the custody of the police. ¹ Explanation I.- For the avoidance of doubts, it is hereby declared that, notwithstanding the expiry of the period specified in paragraph (a), the accused shall be detained in custody so long as he does not furnish bail;]. ² Explanation II.- If any question arises whether an accused person was produced before the Magistrate as required under paragraph (b), the production of the accused person may be proved by his signature on the order authorising detention.]

(2A) ¹ Notwithstanding anything contained in sub- section (1) or sub- section (2), the officer in charge of the police station or the police officer making the investigation, if he is not below the rank of a sub- inspector, may, where a Judicial Magistrate is not available, transmit to the nearest Executive Magistrate, on whom the powers of a Judicial Magistrate or Metropolitan Magistrate have been conferred, a copy of the entry in the diary hereinafter prescribed relating to the case, and shall, at the same time, forward the accused to such Executive Magistrate, and thereupon such Executive Magistrate, may, for reasons to be recorded in writing, authorise the detention of the accused person in such custody as he may think fit for a term not exceeding seven days in the aggregate; and, on the expiry of the period of detention so authorised, the accused person shall be released on bail except where an order for further detention of the accused person has been made by a Magistrate competent to make such order; and, where an order for such further detention is made, the period during which the accused person was detained in custody under the orders made by an Executive Magistrate under this sub- section,

When a Police Officer can arrest you?

When a police officer can arrest?

The police can arrest you if they have a legal form called an arrest warrant. If a judge has signed this form, the police can arrest you by showing it to you or telling you about it. They need to tell you why they are arresting you and make sure that you understand them. They can touch you, but not hurt you a Police cannot arrest an accused without warrant. However, there are certain exceptional circumstances enumerated in Law under which a Police can make an arrest without warrant 

When police may arrest without warrant.

(1) Any police officer may without an order from a Magistrate and without a warrant, arrest any person-

(a) who has been concerned in any cognizable offence, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been so concerned; or

(b) who has in his possession without lawful excuse, the burden of proving which excuse shall lie on such person, any implement of house breaking; or

(c) who has been proclaimed as an offender either under this Code or by order of the State Government; or

(d) in whose possession anything is found which may reasonably be suspected to be stolen property and who may reasonably be suspected of having committed an offence with reference to such thing; or

(e) who obstructs a police officer while in the execution of his duty, or who has escaped, or attempts to escape, from lawful custody; or

(f) who is reasonably suspected of being a deserter from any of the Armed Forces of the Union; or

(g) who has been concerned in, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been concerned in, any act committed at any place out of India which, if committed in India, would have been punishable as an offence, and for which he is, under any law relating to extradition, or otherwise, liable to be apprehended or detained in custody in India; or

(h) who, being a released convict, commits a breach of any rule made under sub-section (5) of section 356; or

(i) for whose arrest any requisition, whether written or oral, has been received from another police officer, provided that the requisition specifies the person to be arrested and the offence or other cause for which the arrest is to be made and it appears therefrom that the person might lawfully be arrested without a warrant by the officer who issued the requisition.

(2) Any officer in charge of a police station may, in like manner, arrest or cause to be arrested any person, belonging to one or more of the categories of persons specified in section 109 or section 110.

When Can A Police Officer Arrest you?

Section 41 in The Code Of Criminal Procedure, 1973

41. When police may arrest without warrant.

(1) Any police officer may without an order from a Magistrate and without a warrant, arrest any person-

(a) who has been concerned in any cognizable offence, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been so concerned; or

(b) who has in his possession without lawful excuse, the burden of proving which excuse shall lie on such person, any implement of house- breaking; or

(c) who has been proclaimed as an offender either under this Code or by order of the State Government; or

(d) in whose possession anything is found which may reasonably be suspected to be stolen property and who may reasonably be suspected of having committed an offence with reference to such thing; or

(e) who obstructs a police officer while in the execution of his duty, or who has escaped, or attempts to escape, from lawful custody; or

(f) who is reasonably suspected of being a deserter from any of the Armed Forces of the Union; or

(g) who has been concerned in, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been concerned in, any act committed at any place out of India which, if committed in India, would have been punishable as an offence, and for which he is, under any law relating to extradition, or otherwise, liable to be apprehended or detained in custody in India; or

(h) who, being a released convict, commits a breach of any rule made under sub-section (5) of section 356; or

(i) for whose arrest any requisition, whether written or oral, has been received from another police officer, provided that the requisition specifies the person to be arrested and the offence or other cause for which the arrest is to be made and it appears therefrom that the person might lawfully be arrested without a warrant by the officer who issued the requisition.

(2) Any officer in charge of a police station may, in like manner, arrest or cause to be arrested any person, belonging to one or more of the categories of persons specified in section 109 or section 110.

Section 46 in The Code Of Criminal Procedure, 1973

46. Arrest how made.

(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.

(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.

Section 50 in The Code Of Criminal Procedure, 1973

    50. Person arrested to be informed of grounds of arrest and of right to bail.

(1) Every police officer or other person arresting any person without warrant shall forthwith communicate to him full particulars of the offence for which he is arrested or other grounds for such arrest.

(2) Where a police officer arrests without warrant any person other than a person accused of a non-bailable offence, he shall inform the person arrested that he is entitled to be released on bail and that he may arrange for sureties on his behalf.

Section 50A – Obligation of person making arrest to inform about the arrest to inform about the arrest, etc., to a nominated person

Every police officer or other person making any arrest under this Code shall forthwith give the information regarding such arrest and place where the arrested person is being held to any of his friends, relatives or such other persons as may be disclosed or nominated by the arrested person for the purpose of giving such information.

The police officer shall inform the arrested person of his rights under subsection (1) as soon as he is brought to the police station.

An entry of the fact as to who has been informed of the arrest of such person shall be made in a book to be kept in the police station in such form as may be prescribed in this behalf by the State Government.

It shall be the duty of the Magistrate before whom such arrested person is produced, to satisfy himself that the requirements of Sub-Section (2) and Sub-Section (3) have been complied with in respect of such arrested person.

      Section 57 in The Code Of Criminal Procedure, 1973

57. Person arrested not to be detained more than twenty- four hours. No police officer shall detain in custody a person arrested without warrant for a longer period than under all the circumstances of the case is reasonable, and such period shall not, in the absence of a special order of a Magistrate under section 167, exceed twenty- four hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate' s Court.

Section 60A – Arrest to be made strictly according to the Code

No arrest shall be made except in accordance with the provisions of this Code or any other law for the time being in force providing for arrest.

Cognizable Offence:

A cognizable offence is an offence in which the police officer as per the first schedule or under any other law for the time being in force, can arrest the convict without a warrant and can start an investigation without the permission of the court. Cognizable offences are generally heinous or serious in nature such as murder, rape, kidnapping, theft, dowry death etc. The first information report (FIR) is registered only in cognizable crimes.Under section 154 Criminal Procedure Code (CrPC), a police officer is bound to register an FIR in case of a cognizable crime. He can also conduct some kind of preliminary inquiry before registering the FIR. In these offences, a convict is arrested and produced before the magistrate in the stipulated time. Owing to the serious nature of the crime, court?s approval is implicit in cognizable offences.

Non-Cognizable Offence:

A non-cognizable offence is the offence listed under the first schedule of the Indian Penal Code and is bailable in nature. In case of a non-cognizable offence, the police cannot arrest the accused without a warrant as well as cannot start an investigation without the permission of the court. The crimes of forgery, cheating, defamation, public nuisance, etc., fall in the category of non-cognizable crimes.In this type of crimes, a criminal complaint is lodged with the metropolitan magistrate who is supposed to order the concerned police station to initiate an investigation. The police officer is supposed to file the charge sheet with the court which is followed by a trial. After the trial, if the accused is found guilty, the court passes the order to issue the warrant to arrest the accused.