Provisions Relating to Arrest & Examination in CrPC
Sections 50–54A
Preparation for RJS, DJS, PCS (J) and other Judicial Service exams
Code of Criminal Procedure Explained
The Code of Criminal Procedure forms the bedrock of any and every Judicial Service exam in the country. Its thorough knowledge is a must for all aspirants of RJS, DJS, PCS (J) and every other Judicial Service exam. To help such aspirants DELHI LAW ACADEMY JAIPUR has launched a series of study material modules on all important aspects of this vital part of their syllabus:
Code of Criminal Procedure
Sections 50–54A
Grounds of Arrest: Section 50
- Every person arresting any person without warrant
- shall forthwith communicate to him full particulars of the offence or other grounds for such arrest
- 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
Information of Arrest: Section 50A
- Person making arrest shall inform about arrest
- to a friend, relative or other person nominated by the arrested person
- He shall inform the arrested person
- of his right as aforesaid
DLA Note:
- This provision was inserted by the Amendment Act of 2005 in consonance with direction (3) in the case of Dilip K. Basu v. State of West Bengal which was as under:
- A person who has been arrested or detained shall be entitled to have one friend or relative or other person known to him that he has been arrested and is being detained at the particular place.
Section 50A(3)
- An entry of the fact as to who has been informed of the arrest
- shall be made in a book to be kept in the police station
DLA Note:
- This provision was inserted by the Amendment Act of 2005 in consonance with direction (6) in the case of Dilip K. Basu v. State of West Bengal which was as under:
- An entry must be made in the diary regarding the arrest which shall also disclose the name of the next friend who has been informed of the arrest and names and particulars of police officials in whose custody the arrestee is.
Duty of the Magistrate: Section 50A(4)
- It shall be the duty of the Magistrate
- before whom such arrested person is produced
- to satisfy himself
- that the above said requirements have been complied with
DLA Note: Consequence of Non-compliance with the Requirement of Section 50A CrPC
Section 166 IPC
- Whoever, being a public servant
- knowingly disobeys any direction of law as to the way in which he is to conduct himself
- intending [or knowing it likely] to cause injury to any person
- shall be punished
- with simple imprisonment upto one year or fine or both
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Examination of Person Accused of Rape: Section 53A(1)
- When a person is arrested
- on a charge of committing an offence of rape and
- there are reasonable grounds for believing
- that an examination of his person will afford evidence as to commission of such offence…
- it shall be lawful
- for a registered medical practitioner employed in a Govt hospital and
- in his absence within 16 km from place of offence, by any other registered medical practitioner
- at request of a police officer not below sub-inspector
- to make examination of the arrested person and
- to use such force as is reasonably necessary for that purpose
Section 53A(5)
- Registered medical practitioner shall
- forward his report to the investigating officer
- who shall forward it to Magistrate u/s 173(5)
Medical Examination of Arrested Person: Section 54(1)
- When any person is arrested, he shall be examined
- by a medical officer in service of Central or State Govt or
- by a registered medical practitioner, in case such medical officer is not available
- soon after the arrest is made
Where the Arrested Person Is a Female
- examination of the body shall be made
- only by or under supervision of a female medical officer or
- by a female registered medical practitioner in case a female medical officer is not available
Identification of Person Arrested: Section 54A
- Where
- a person is arrested for an offence and
- his identification by any other person is considered necessary for investigation of such offence…
- Court may direct the person so arrested
- to subject himself to identification by any person in such manner as Court may deem fit
- on request of the officer in charge of a police station
If the Person Identifying the Person Arrested
- is mentally or physically disabled
- such process of identification
- shall take place under supervision of a Judicial Magistrate
- who shall take appropriate steps to ensure
- that such person identifies the person arrested using methods that person is comfortable with
If the Identifying Person Is Mentally or Physically Disabled
- the identification process shall be video graphed
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