What is an arrest?

Question: What is an arrest? [UPPCS (J) 1987, Haryana PCS (J) 1995]

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Answer

In the case of State of Haryana v. Dinesh Kumar (2008) 3 SCC 222, the Supreme Court observed, “The expression arrest has neither been defined in the Code of Criminal Procedure nor in the Indian Penal Code or any other enactment dealing with criminal offences. The only indication as to what would constitute arrest may perhaps be found in Section 46 of the Code.”

The word ‘arrest’ is derived from the French word ‘Arreter’ meaning ‘to stop or stay’ and signifies a restraint of the person. According to Shorter Oxford English Dictionary, arrest means the apprehending of one’s person, in order to be forthcoming to answer an alleged or suspected crime. According to Bouvier’s Law Dictionary arrest means to deprive a person of his liberty by legal authority.

In the case of Roshan Beevi and Ors. v. Joint Secretary to Government of Tamil Nadu, 1984 (15) ELT 289 Mad the court observed “The word ‘arrest’, when used in its ordinary and natural sense, means the apprehension or restraint or the deprivation of one’s personal liberty.

The question of whether the person is under arrest or not depends not on the legality of the arrest, but on whether he has been deprived of his personal liberty to go where he pleases.

When used in the legal sense in the procedure connected with criminal offences, an arrest consists in the taking into custody of another person under authority empowered by law, for the purpose of holding or detaining him to answer a criminal charge or of preventing the commission of a criminal offence.

The essential elements to constitute an arrest in the above sense are that there must be an intent to arrest under the authority, accompanied by a seizure or detention of the person in the manner known to the law, which is so understood by the person arrested.”

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