Section 46 of the Code of Criminal Procedure, 1898, provides guidance on how an arrest is to be carried out. Generally, an arrest involves physical contact, such as touching or confining the body of the person being arrested. However, the... Read More
Section 46 of the Code of Criminal Procedure, 1898, provides guidance on how an arrest is to be carried out. Generally, an arrest involves physical contact, such as touching or confining the body of the person being arrested. However, the law recognizes an important exception: if the person voluntarily submits to custody, either by word or by action, no physical touch is required to validate the arrest.
This means that when an accused willingly accepts the authority of the police officer and agrees to go into custody, the arrest is considered complete without the need for force or restraint. This provision ensures that unnecessary physical contact is avoided in cases of voluntary compliance. It highlights the balance in law between enforcing authority and respecting the individual’s willingness to cooperate with legal procedures.
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