MCQ Detailed View

Section 46 of the Code of Criminal Procedure, 1898, clearly explains how an arrest is carried out. It states that an arrest is considered legally complete when the arresting officer touches or confines the body of the person being arrested, unless that person voluntarily submits to custody. This ensures that there is a clear physical act that shows the authority of law enforcement has been applied.

The provision does not require a written notice, legal documents, or the presence of witnesses to make the arrest valid. Instead, the law emphasizes the importance of either voluntary submission or physical action, such as touching or holding, to establish control. This principle protects both the rights of the individual and the proper authority of the police, ensuring that the arrest process is lawful, recognizable, and in line with legal standards.