Arrest Escape and Custody police rules 1934

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description

investigation of accused

Transcript of Arrest Escape and Custody police rules 1934

Page 1: Arrest Escape and Custody police rules 1934

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ARREST ESCAPE AND CUSTODY

Muhammad Zarait Kiani

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SEQUENCE

• General Powers of Arrest• Powers to Defer Arrest• Search of Persons under Arrest• Arrest of Women

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GENERAL POWERS OF ARREST

• PR 1934 - Rule 26.1– Section 54, Cr.P.C., authorizes any police

officer to arrest without a warrant any person 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 police to arrest without a warrant

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POWER TO DEFER ARREST

• PR 1934 - Rule 26.2– If the fact that suspicion rests upon particular

person has been kept secret, and there is no risk of his absconding, the police shall defer making the arrests until the investigation is sufficiently complete;

– But if any inter absconding, and the facts justify arrest, the police shall arrest him and shall not interfere with his liberty unless they arrest him

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SEARCH OF PERSONS UNDER ARREST

• PR 1934 - Rule 26.3– All person arrest by the police and not admitted to bail

shall , as soon after arrest as possible, be thoroughly searched

– Cr.P.C. section 52 states in the case of females such search shall be conducted by a woman and shall in all cases be conducted with due regard to decency.

– An inventory of all articles taken in to custody by the Police from such persons under Section 51 of the Cr.P.C. shall be prepared in duplicate by the carbon copying process and the carbon copy thereof shall be sent forthwith to a Magistrate as required by Section 523 Cr.P.C.

– Every prisoner in police custody shall be searched on first admission to an on every occasion when he is re-admitted to a lock-up after being taken any where beyond the precincts of the police station.

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SEARCH OF PERSONS UNDER ARREST

• PR 1934 - Rule 26.3– Sweepers, bhishtis and every other person other than

a police officer having access to a lock-up shall be searched before entering and on leaving.

– The searching of women shall be done by a woman.– Soldiers in police custody shall not be deprived of their

shoulder titles, badges or rank and medal ribbons but medal ribbons but medals shall be taken in to safe custody.

– Sikh prisoners shall be permitted to retain their karas and Hindus their seared threads.

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ARREST OF WOMEN

• PR 1934 - Rule 26.18-A– Details for arresting woman is given in this chapter– All arrests of women whether without warrant or with a

warrant bailable or non-bailable shall be carried out by police officers not below the rank of ASI of police in presence of responsible male relatives and village or town officials and lady constable.

– Where bail is admissible the woman should not be detained longer that is necessary for the production for the bond or sureties.

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THANK YOU