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The original text of Section 46(3) of the Code of Criminal Procedure, 1898, allowed the use of force in effecting an arrest but did not specifically include the term “imprisonment for life.” Later, to bring clarity and align the provision with modern penal terms, the words “imprisonment for life” were formally inserted by Act XXV of 1974.
This amendment was significant because it clarified that the use of deadly force in making an arrest is only lawful if the offence committed is punishable either with death or with life imprisonment. Before this amendment, the section did not explicitly cover the phrase “life imprisonment,” which could lead to interpretational gaps. By inserting this term, the legislature ensured precision and consistency in the application of criminal law.
This shows how legal provisions evolve over time to stay relevant and precise in safeguarding justice and rights.
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