Definition
Taking into custody.
Legal apprehension of person accused of offence.
Statutory Definition
BNSS 2023.
Etymology & Origin
From Old French 'arester' meaning to stay or stop. In law, it constitutes the deprivation of a person's liberty by legal authority.
Full Legal Analysis
Arrest is the formal deprivation of a person's personal liberty by a police officer, investigating agency, or (rarely) a private citizen, under lawful authority, usually to answer for an alleged crime.
In India, the power to arrest is sweeping but heavily circumscribed by constitutional safeguards (Article 22) and statutory procedures to prevent abuse. For 'cognizable' offences (serious crimes like murder, rape, cheating), police can arrest without a warrant. For 'non-cognizable' offences, a magistrate's warrant is mandatory.
Following landmark judicial interventions, police are now required to issue a notice of appearance (previously under Section 41A CrPC, now Section 35(3) BNSS) instead of making routine arrests for offences carrying a punishment of up to 7 years, unless specific reasons are recorded in writing.
A landmark Supreme Court judgment that drastically curtailed the police's power to make automatic arrests in cases carrying up to 7 years imprisonment (specifically Section 498A IPC), mandating strict compliance with the 'checklist' provisions of CrPC Section 41.
For a criminal defence advocate, an illegal arrest—one made without recording proper reasons, without a memo of arrest, or without producing the accused before a magistrate within 24 hours—provides immediate grounds for securing bail or filing a habeas corpus writ.
This Term in Indian Statutes
Bharatiya Nagarik Suraksha Sanhita, 2023, 2023
"When police may arrest without warrant."
The primary statutory grant of arrest powers to police for cognizable offences.
Bharatiya Nagarik Suraksha Sanhita, 2023, 2023
"How arrest made."
Dictates the physical procedure and protections (especially for women) during an arrest.
