MCQ Detailed View

According to Section 46 of the Code of Criminal Procedure, 1898, an arrest can be made by physically touching or confining the person who is to be arrested, unless the person submits voluntarily. The law makes it clear that merely showing authority is not enough; some form of physical act, such as touching the body, is required to establish that an arrest has legally taken place.

This means that if the accused willingly agrees to go with the police or submits himself, then touching is not necessary. But in cases where the person resists, even a simple touch on the body by the arresting officer is legally sufficient to complete the arrest. The provision ensures that there is a clear and lawful method of arrest, protecting both the rights of the accused and the authority of law enforcement.