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Section 46 of the Code of Criminal Procedure, 1898, describes the procedure for making an arrest. It states that if a person to be arrested resists the process or tries to run away, the police officer is empowered to use all necessary means to ensure the arrest is carried out. This gives the law enforcement authority the right to apply reasonable force in order to overcome resistance or prevent escape.
However, this power is not unlimited. The law expects the police to use only such force as is necessary and lawful in the given circumstances. The aim is to ensure that the arrest is completed while also safeguarding the rights of the individual. Therefore, verbal warnings, negotiations, or fines alone are not sufficient in such situations — the provision allows the officer to act decisively to maintain the authority of law.
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