ARREST | TYPES OF ARREST | RIGHTS OF ARRESTED PERSON

 ARREST 

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• Chapter V - Sec 41- 60A of CrPC .

• It is a part of the criminal justice system and the first step in criminal proceedings against a suspected person. 

• Timely arrest of the accused is very vital for proper and effective investigation especially in case of serious crimes.

•  The term arrest is derived from the French verb "arreter," which meaning "to stop or stay" and denotes the confinement of a person. 

• An arrest is the act of bringing someone into custody when there is a suspicion that they have committed a crime or other offence. 

• It is carried out when someone is detained for acting illegally. 

• The code has not defined the term "Arrest". The only definition of what constitutes an arrest may be found in Section 46 of the Code, which outlines the procedure for making an arrest.

• After an arrest, further procedures such as interrogation and investigation are carried out. 

PURPOSE OF ARREST

The main objective is to secure the legal system and present the arrested person before a court. 

It also serves the purpose of informing society that an individual has committed a crime and preventing him from committing such crimes in the future.

TYPES OF ARREST

1. Arrest made in pursuance of a warrant issued by the magistrate.

• A warrant must be issued if a person commits a non-cognizable offence such as cheating, public nuisance, defamation, etc. The police cannot make such an arrest without a warrant. 
• A warrant is issued on behalf of the state by a Judge or Magistrate.
• Under Section 155 of the Criminal Procedure Code, the police must obtain a written warrant of arrest from the magistrate before they can arrest someone in a non-cognizable case.

2. Arrest made without any warrant but within the established legal provisions.

• An arrest without a warrant occurs when a police officer is authorized to arrest a person without a warrant. It can happen only when a person commits cognizable offences such as rape, kidnapping, theft, etc.

• Section 41(1) of the Criminal Procedure Code deals with arrests without a warrant. 

RIGHTS OF ARRESTED PERSON

(1) Right to be informed of the grounds for arrest

• In case of arrest without warrant, arresting officer has to tell him the reason behind his arrest. As mentioned in Section 50 (1) CrPC and Article 22 (1) of the constitution 
• In case of arrest with a warrant, arresting officer has to show the warrant and explain the content (Section 75 of CrPC)

(2) Right to be released on bail (for bailable offence)

• According to Sec 50 (2) of CrPC, if the person has committed an offense that is bailable, then the arresting officer must inform the arrested person about the rights to bail and he can arrange sureties for the same.

(3) Right to informed about the arrest (to a nominated person)

• According to section 50A of CrPC , arresting officer must inform about the arrest to a person nominated by the arrestee, with all vital details. It can be family, friends, relatives, or whoever the arrestee chooses.

(4)Guidelines on the arrest of a woman 

• According to section 46(4) of CrPC , there should be no arrest after sunset and before sunrise. In exceptional circumstances, prior permission from the judicial magistrate of the first class to be taken.
• Only a woman officer can arrest a woman. 
• No use of force if the woman arrestee surrenders peacefully but if she resists, only a woman officer can control her physically. 

(5)  Right to be produced before a Magistrate within 24 hours of arrest

• As per the Article 22 (2) of the constitution, arrestee has to be produced before a magistrate within 24 hours of arrest, excluding the journey. 
• In case the arrest is in a different state arresting officer has to take transit remand from the magistrate having local jurisdiction [section 56, 57, 76 of CrPC] . 
• In case of the absence of any logical explanation behind the delay in producing the arrestee, the arrest will be deemed as unlawful.

(6)Right to consult a Legal Practitioner of his choice

• As per Article 22(1) of constitution and section 41D of CrPC, the arrestee can consult with the lawyer of his choice and the lawyer can accompany him during interrogation. 

(7) Right of an arrested Person to free legal aid 

• As per Article 39A of the constitution The court will provide lawyers to those who can’t afford to arrange one.

(8) Right to be examined by a Medical practitioner

• Section 54(1) of CrPC, the arrested person must be examined by a medical practitioner. If the accused is female, medical examination has to be done only by a female medical practitioner.

 LOK ADALAT

 

• Lok Adalat can be literally translated as the People’s Court ."Lok" stands for "people" and the term "Adalat" means the court
• In Lok Adalats, the issues are solved through the means of arbitration, mediation, or negotiation, therefore this system is considered a "wing of Alternative Dispute Resolution".
• Earlier in India, the Lok Adalat played a key role in solving disputes among people mainly situated in rural areas, hence the same process is being continued even in the present day.
• Article 39A of the Indian Constitution, the Legal Services Authorities Act, 1987 provided the Lok Adalats with statutory status.  It reduces the burden on urban courts and decentralizes access to justice. 
• As per Section 21 of the Legal Services Authorities Act, 1987, the award or decision given by the Lok Adalats is considered as a decree pronounced by a civil court and thus is final and binding on the parties associated with the case.
• Accordingly, no party can appeal against the decision given by the Lok Adalats in any court. If the parties find the decision or award of the Lok Adalat to be against their interests they cannot appeal against it but they may file a fresh case in the court of the concerned jurisdiction.

                            CASES CONSIDERED BY LOK ADALAT 

The Lok Adalat only undertakes those cases which fall under the following list of matters –
1.  Acquisition of Land, mutation, and related disputes.	2.  Matters relating to partition claims.
3.  Cases relating to arrears of retirement benefits	4.  Road or motor accident cases
5.  Disputes relating to bonded labor.	6.  Compoundable cases relating to civil, criminal, and revenue matters
7.  Matters of unpaid bank loans.	8.  Family disputes including matrimonial matters
9.  Damages cases.	10. Such matters that do not fall       under the jurisdiction of any   other Court

  ORGANISATION OF LOK ADALAT

 Every Lok Adalat so organized shall consist of :

1. Serving or retired judicial officers,
2. Other persons, as may be specified.

The Central Government should prescribe the experience and qualifications of "other persons" in a Lok Adalat conducted by the Supreme Court Legal Services Committee after consulting with the Chief Justice of India. The National Legal Services Authorities Rules, 1995 now provide the following experience and qualifications:

1. A member of the legal profession; or 
2. A person of repute who is especially interested in the implementation of Legal Services Schemes and Programmes; or 
3.  An eminent social worker who is engaged in the upliftment of weaker sections of people.

POWERS OF LOK ADALAT

• Power to summon and enforce the attendance of any witness and to examine him/her on oath. 

• Power to enforce the discovery and production of any document.

• Power for requisitioning of any public record or document or copy thereof or from any court.

• Every Lok Adalat shall have the power to specify its own procedure for the determination of any dispute coming before it.

ADVANTAGES

• No court fee is required, and if one has been paid and the matter is resolved at Lok Adalat, the money will be returned.
• Parties are allowed to express their differences of opinion without fear of being exposed in court. 
• The parties to the dispute can speak with the judge directly through their legal assistance. 
• Procedural flexibility and speedy trial of disputes are the two pillars of Lok Adalat. 

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