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Section 46(3) of the Code of Criminal Procedure, 1898, sets an important limitation on the power of the police while making an arrest. The law provides that no person making an arrest has the right to cause the death of the person being arrested unless the offence for which that person is accused is punishable by death or life imprisonment.
This restriction is crucial because it balances the authority of law enforcement with the protection of human life. In ordinary cases where the punishment is imprisonment of a few years or a fine, the police are not legally permitted to use deadly force. However, in the most serious cases—where the accused is charged with offences punishable by death or life imprisonment—greater force, including deadly force, may lawfully be applied if necessary to effect the arrest.
This safeguard ensures that the use of lethal force is strictly limited to the gravest crimes, maintaining fairness and proportionality in the justice system.
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