Section 43: Arrest how made
Section 43 plays an important role for the sake of effective promptness by the police while maintaining individual rights and freedoms in any action against suspects committing an offense.
An officer must physically touch or restrain the person to be arrested except if that person surrenders to arrest through words or any other conduct. This section has ensured that in the act of arrest, either the person gives way or is placed under actual physical restraint to eliminate the occurrence of illegal detention and doubtful arrest.
Special Considerations for Women:
-Generally, when a woman is being arrested, it is presumed that she has submitted to custody after being verbally informed of the arrest. This rule is designed to ensure that the dignity and personal rights of women are protected in the course of arrest.
-Male officers are prohibited from physically touching a woman during an arrest unless absolutely necessary. This provision is designed to respect the privacy and dignity of women during the arrest process.
-Arrest of women is not permitted between sunset and sunrise, unless in cases of aggravation warranting such arrest, for which prior justification to and sanction by a Magistrate has been made. This facet indicates that the need to safeguard women from unnecessary harassment is paramount and arrests are allowed only under conditions of control and appropriateness.
Important points:
-If the person arrested resists or tries to flee, the arresting officer is allowed to use reasonable force that is necessary for the arrest. However, using excessive force or lethal force is not allowed unless the person to be arrested has been charged with a capital offense that carries a death penalty or imprisonment for life. This provision emphasizes proportionality in the use of force. To arrest, physical force can be used only to the extent necessary for its effective execution.
-Handcuffs may be used during an arrest if necessary, depending on the gravity or nature of the offense. Such measures are usually applied in cases involving habitual offenders or serious crimes like rape, murder, or organized crime. This provision ensures that handcuffing is not arbitrary but is used in a manner that is consistent with the gravity of the situation.
-It mandates a judicial magistrate be consulted in cases of women apprehensions post sunset; in such scenarios, the reporting officer has also been asked to furnish a document describing the peculiar reasons why sunset arrest had been deemed inevitable. This ensures oversight and accountability should an arrest under normal procedure standards occur at this time.
