It’s indeed illegal for society to commit a crime since doing so is a serious act that contributes to the demise of mankind. So that they don’t constitute a hazard to society, it is important to catch the criminals, take them into custody, and then arrest them. Arresting criminals is essential for maintaining law and order. Arresting someone means restricting their freedom in order to enforce court orders. Additionally, it may be done to prevent a criminal from being committed or to guarantee that a suspect will show up for their court appearance. In most cases, an officer will conduct an arrest; but, in some instances, someone other than a police officer may arrest an individual. Who can make an arrest and how it should be done are outlined in the Code of Criminal Procedure, 1973 An individual can be arrested in addition to by police personnel, by a prosecutor, and by a private individual.
ARREST BY A PRIVATE PERSON
The process for a private user’s arrest is outlined in Section 43 of the Code of Criminal Procedure. This clause states that anybody, not only a citizen, has the authority to arrest or cause the detention of a person who commits a non-bailable and cognizable offense in his presence. A declared offender is included here as well. A private individual is required to turn over a person who has been arrested to a police officer. He will transport him to the closest police station if there isn’t a police officer present. If the police have grounds to think that the subject has committed a cognizable offense, the subject will be re-arrested in accordance with Section 41. When an individual who is suspected of committing quasi-offense declines to reveal their name and residence to a police officer or provides them with information that the officer has cause to believe is incorrect, Section 42 will apply to that individual. But if the policeman has no grounds to suspect that perhaps the individual has committed a felony, he must let them go.
WHEN WOULD SOMEONE OTHER THAN THE POLICE NEED TO BE ARRESTED?
The basic idea of pursuing such an objective is for the maintenance of peace, according to Justice Per Parke in Timothy v. Simpson (1835). Every person may limit the freedom of the person who violates the peace if they observe that person acting in a way that suggests the public peace may be at risk. In situations where there are no other ways to halt the criminal, Section 43 gives anyone—not just citizens—the authority to make an arrest. Since the private individual is neither prepared nor educated to deal with criminals, things might get out of hand and endanger them. As a result, it is stipulated that such criminals must be turned over to the police or at the closest police station as soon as they are taken into custody by a private individual. Additionally, it is now required to turn the offender over to the police because a private individual is incompetent to judge whether he is an offender and deserving of the arrest. Authorities will conduct more inquiries and take appropriate measures.
OBSERVATIONS AND DECISIONS RELATING TO PRIVATE PERSON ARRESTS
In Amrendra Nath v. State (1955), the court noted that for a private person to conduct an arrest, the offense must be non-bailable and cognizable and not bailable or non-cognizable.
It was noted in the case of State v. Indra (AIR 1960 Ori 23) that the terms “in his presence” mean that the crime should have been done in front of his eyes and do not mean that they mean a private person’s opinion, assumption, suspect, or other information. To apprehend the culprit, the individual person needs the first information report.
An arrest is a process when a person’s freedom is restricted in order to apprehend him for committing a crime. This may also be done if there is a reason for suspicion so that the accused person may appear in court. For the sake of maintaining society’s peace, law, and order, it is crucial to make arrests of criminals. The police often make arrests, although, in some circumstances, private individuals or a magistrate may also have the authority to do so. The magistrate has the authority’s order someone’s arrest and, in some circumstances, to order their detention.
Author’s Name: Stuti Kushwaha (University of Lucknow)