ARREST AND ESCAPE AND RETAKING

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(1) When the police officer or other people making the same arrest are detained,

The body of the persons to be detained shall in fact be affected or confined, until a word or action is submitted to custody.

2) where such persons are physically opposed to attempts to arrest him or to escape arrest, such police officers or other persons may use all the means necessary for the arrest to be carried out.

(3) Nothing in this section gives the right to cause the death of a person who is not charged with an offense punishable by death or (life imprisonment.)

If any person acting under an arrest warrant, or any police officer having the power to arrest, has cause to believe that the person to be arrested has interfered with or is in any place the person residing in or being in charge of, that place shall give him free entry to the person acting as aforementioned or such police officer on request, and shall have all appropriate facilities for himself.

If any entry cannot be obtained in compliance with section 47, it shall in any case be lawful for a person acting under a warrant and in any case in which a warrant may be given, but it may not be obtained without causing the person to be detained for an opportunity of escape for the police officer to enter and search such a place and to make an entry into such a place to open any or all openings.

If any such place is an apartment in the actual occupancy of a woman who, according to tradition, does not appear in public, that person or police officer shall give notice to a woman before entering that apartment that she is free to withdraw and shall provide her with all appropriate facilities for withdrawal.

Any police officer or other person allowed to make an arrest can break open any outside or internal door or window of any house or place or to release himself or any other person who has entered lawfully for the purpose of making an arrest.

An individual must not be subjected to more restraint than is required to prevent him from escaping.

Whenever a person is detained under a warrant by a police officer who does not allow for bail or under a warrant who allows for bail but the arrested person does not furnish bail and when a person is arrested without a warrant or bay a private person under a warrant and cannot be legally entitled to bail or cannot furnish bail,

The officer making the arrest or when the arrest is made by an arrested private person can search that person and place all articles found on him in secure custody, other than the required wearing appeal.

he searches shall not be carried out by another woman with strict regard to decency if it is required to cause a woman to be searched.

The officer or other person making any arrest under the code may take any offensive weapons he has on his person from the arrested person and deliver all weapons so taken to the court or officer before whom, or before whom, the officer or person making the arrest is required by the code to produce the arrested person.

Any police officer can be arrested without a magistrate’s order and without a warrant.

  1. First of all, any person who has been involved in any cognizable crime or against whom a valid complaint has been made or reliable information has been obtained or there is a reasonable suspicion that hos has been so concerned
  2. Secondly, any person who, without a valid excuse, has in his hands the burden of proving which excuse lies in that person, any horse-breaking instrument;
  3. Thirdly, any person who, either under this code or by order of the provisional government, has been declared an offender
  4. Fourthly, any person in whose possession something that might reasonably be suspected of being stolen property is found and who may reasonably be suspected of having committed an offense in relation to such a thing:
  5. Fifthly, any person who obstructs a police officer while performing his duty or who has escaped or attempts to escape from legal custody:
  6. Sixth, any person fairly suspected of being a deserter (Pakistan’s Armed Forces.
  7. Seventh, any person involved in or against whom a valid complaint has been made or reliable evidence has been obtained or reasonably suspected of having been involved exists in any act committed in any place outside Pakistan that would have been punishable as an offence if committed in and for which he is subject to any extradition law.
  8. To be captured or detained in custody in Pakistan or otherwise responsible.
  9. Eighth, any prisoner released who has committed a violation of any law under section 565, subsection (3).
  10. Ninth, any person for whom a subpoena has been obtained from another police officer, given that the subpoena specifies the person to be arrested and the felony or other reason for which the arrest is to be made, and it appears that the person may legally be arrested by the officer who issued the request without a warrant.
  11. Usual robbers arrest vagabonds, etc.
  12. Any officer in charge of a police station can be detained or arrested in the same way.
  13. (a) any person who has been found to take precautions to cover his or her presence within the limits of such a station in circumstances which give cause to believe that he or she is taking such precautions in order to commit a cognizable offense or a cognizable offense.
  14. (b)any person within the borders of such a station who does not have any apparent means of subsistence or who is unable to give a satisfactory account of himself or herself:

(c)any person who is a respectable robber house breaker or thief or habitual beneficiary of stolen property knowing that it is stolen or who, by repute, habitually commits extortion or typically puts or threatens to put a person in fear of injury in order to commit extortion.

Procedure for deputy police officers to be arrested without a warrant.

If any officer in charge of the police station or any police officer conducting an investigation pursuant to Chapter XIV allows any officer subordinate to him to arrest without a warrant any person who can be lawfully arrested without a warrant, he shall deliver a written order to the officer needed to make the arrest identifying the person to be arrested and the crime or other reason for which the arrangement is requested. Refusal of name and residence to be given

(1) when any person who, in the presence of a police officer, has committed or has been accused of giving his name and residence to that officer or of giving the name or residence which that officer has reason to believe to be false may be detained by that officer in order to be able to determine his name or residence.

(2) when the true name and residence of such a person has been identified, he shall be released upon execution of a bond with or without the promise of appearing before a [competent] magistrate, if necessary:

Where such a person is not resident in [Pakistan], the bond shall be secured by a security or collateral resident in [Pakistan]

(3) Should the true name and residence of such a person not be ascertained within twenty-four hours of the time of arrest, or should the bond or ID not be enforced, it shall be forwarded immediately to the nearest magistrate of jurisdiction in order to provide appropriate assurances.

For the purposes of arrest, a police officer may pursue such a person to any place in Pakistan without any person whom he is allowed to arrest under this chapter.

  • A police officer making an arrest without warrant shall without unnecessary delay and subject to the provisions herein contained as to bail ,take or send the person arrested before a Magistrate having jurisdiction in the case or before the officer in charge of a police station.

No police officer shall detain in custody a person arrested without warrant for a longer period than under all the circumstances of the case is reasonable and such period shall not in the absence of a special order of a magistrate under section 167,exceed twenty four hours exclusive of the time necessary for the journey from the place of arrest to the magistrate’s court.

  • Officer in charge of a police station shall report to the district magistrate or if he so directs to the sub divisional magistrate the cases of all persons arrested without warrant within the limits of their respective stations whether such persons have been admitted to bail or otherwise.

  • No person who has been arrested by the police officer shall be discharged except on his own bond, or on bail or under the special order of a magistrate.

  • When any offense is committed in the presence of a magistrate within the local limits of his jurisdiction he may him self arrest or order any person to arrest the offender and may thereupon subject to the provisions herein contained a to bail commit the offender to custody.

  • Any magistrate may at any time arrest or direct the arrest in his presence within the local limits of his jurisdiction of any person for whose arrest he is competent at the time and in the circumstances to issue a warrant.

  • If a person in lawful custody escapes or is rescued the person from whose custody he escaped or was rescued may immediately pursue and arrest him in any place in Pakistan.

    • The provisional of sections 47,48 and 49 shall apply to arrest under section 66 although the person making any such arrest is not action under a warrant and is not a police officer having authority to arrest.

Written by

Ad.Imrana hanif

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