ARREST OF PERSONSCentral

Section 41B of The Code of Criminal Procedure, 1973

Every police officer while making an arrest shall--

(a)bear an accurate, visible and clear identification of his name which will facilitate easy identification;
(b)prepare a memorandum of arrest which shall be--
1. (i)attested by at least one witness, who is a member of the family of the person arrested or a respectable member of the locality where the arrest is made;
2. (ii)countersigned by the person arrested; and
(c)inform the person arrested, unless the memorandum is attested by a member of his family, that he has a right to have a relative or a friend named by him to be informed of his arrest.

Summary

Note: The following information is not from the provided sources and should be independently verified.
Every police officer making an arrest must wear clear, visible, and accurate identification including their name and designation.
The officer must prepare a memorandum of arrest at the time of the arrest.
This memorandum must be witnessed by at least one person, such as a family member or a respectable member of the local community.
The memorandum must be signed (countersigned) by the person being arrested.
The arrested person has the right to have a relative or friend informed of the arrest and the location where they are being held.

Practical examples

1Officer Vikram arrests a suspect for theft; he first ensures his name badge is visible and then fills out a memo, which is signed by a nearby shopkeeper who saw the arrest.

2Upon being arrested, Sara asks the officer to call her brother to let him know she is at the Central Police Station; the officer is required to do this under the arrest procedure.

FAQ

1. What are the duties of a police officer making an arrest under Section 41B of the 1973 Code?

Under Section 41B of the Code of Criminal Procedure, 1973, an officer must wear visible ID, prepare an arrest memorandum with a witness, and inform the arrestee of their right to notify a relative.

2. Does a witness need to sign the arrest papers under Section 41B of the Criminal Procedure Code?

Yes, Section 41B of the Criminal Procedure Code requires the arrest memorandum to be witnessed by a family member of the arrestee or a respectable local resident.

3. What right does an arrested person have regarding their family under Section 41B of the 1973 Code?

Section 41B of the Code of Criminal Procedure, 1973 gives an arrested person the right to have a relative or friend informed of their arrest if the memorandum is not witnessed by a family member.

Test yourself

Q1.Under Section 41B of the Code of Criminal Procedure, 1973, how must a police officer identify themselves during an arrest?

Q2.Who must witness the memorandum of arrest according to Section 41B of the 1973 Code?

Q3.Under Section 41B of the Code of Criminal Procedure, 1973, the arrest memorandum must be:

Q4.What must a police officer inform the arrestee of under Section 41B of the 1973 Code?

41APreviousSection 41A Notice of appearance before police officer.41CNextSection 41C Control room at districts.

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