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The Code of Criminal Procedure, 1898

( ACT NO. V OF 1898 )

Chapter V

OF ARREST, ESCAPE AND RETAKING

Procedure of arrest and duties of officer making arrest

1[46A. In making an arrest, the police-officer or other person making the same shall-

(a) bear an accurate, visible and clear identification of his name which will facilitate easy identification;

(b) disclose his identity and if demanded, shall show his identity card to the person arrested and to the persons present at the time of arrest;

(c) prepare a memorandum of arrest which shall be-

(i)attested by at least one witness, who is a member of the family of the person arrested or a respectable inhabitant of the locality where the arrest is made and where no such witness is available, the reasons thereof be recorded in the memorandum;

(ii) countersigned or thumb-impressed by the person arrested if not refused by him;

(d) intimate, where the accused is arrested from a place other than his residence, to a family member, relative, or a friend nominated by the person arrested, as soon as practicable but not later than twelve hours from the time of such arrest, notifying the time and place of arrest and the place of custody;

(e) ensure, if any mark of injury is found on the body of the person arrested, the examination and first aid treatment of the person by a medical officer or a registered medical practitioner, as the case may be, in accordance with section 46E; obtain a certificate from the attending medical officer or practitioner; and record the reasons for such injury;

(f) allow the person arrested, if he so desires, to consult a lawyer of his choice or to meet any of his nearest relation, preferably within twelve hours of such arrest.


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