FAQs on Arrest

The Constitution of India assures various rights to its citizens even when they are arrested in criminal cases. It will help to know the circumstances that can lead to one’s arrest and the rights that one can exercise during and after the arrest.

Who Can Make An Arrest?

A police official may arrest a person, with or without a warrant arrest, depending on the nature and gravity of the crime committed. However, as per Sec 43 of the Code of Criminal Procedure, 1973 (CrPC) a person who is not a police official can also arrest another person who is a wanted criminal or has committed a non-bailable, cognizable crime. The arrested person shall be eventually handed over to the police.

When is an Arrest Warrant Used?

A warrant arrest signed by a magistrate or judge is required before taking a person into custody.  The warrant arrest shall be issued on the name of the offender or if the offender is unknown, the name “John Doe” can be used along with the description of the criminal. A police official shall allow the offender to see the warrant arrest. However, a person may be arrested without a warrant if arresting the offender is necessary to prevent him from fleeing, or causing harm to evidences or somebody’s life or property.

What is a Bail?

A person who has been charged with a criminal offence and has been arrested may apply to be released on bail. Bail is a written agreement in which an offender signs an undertaking that he will be present during court hearings, comply with the terms and conditions of the agreement, and deposit a particular amount of money in case he fails to comply with the conditions of the agreement.

When Should One See A Lawyer?

If a person is arrested for a serious crime, he should contact his lawyer as soon as possible. A lawyer is the best person to guide one about what to say and what not to say to police officials; this helps avoid misunderstanding and misinterpretations. A lawyer can also help in the bail process.