MCQ Detailed View

Section 46 of the Code of Criminal Procedure, 1898, lays down the legal method of making an arrest. It explains that in order to arrest a person, the police officer or any authorized individual must either physically touch or confine the body of the accused, unless the accused submits voluntarily. This means that an arrest is not valid simply by words or authority alone, but by an act showing control over the person.

If the accused agrees to submit peacefully, then physical force is not necessary. However, in situations where the person resists, the law allows the use of reasonable physical action, such as touching the body, to complete the arrest. The section ensures that arrests are carried out in a clear and lawful manner, safeguarding both the powers of law enforcement and the legal rights of the accused.