BOOK SECOND
LAWS OF CRIMINAL PROCEDURE
PART I
OF THE AUTHORITIES TO WHICH THE ADMINISTRATION OF CRIMINAL JUSTICE IS ENTRUSTED
Title I Of the Powers and Duties of the Executive Police in respect of Criminal Prosecutions
Sub-title VI
POWERS OF ARREST AND DETENTION
355Z. The general arrest conditions are -
(a) that the identity of the person is unknown or cannot be
readily ascertained by the police officer; or
(b) there is a doubt whether the particulars furnished by the person are true; or
(c) that the person has not furnished a satisfactory address for service, or there are doubts about whether the address provided is satisfactory for service, or that at least some other person may according to law receive service on his behalf at the address given; or
(d) that the arrest is necessary to prevent the person -
(i) causing physical harm to himself or to any other person; or
(ii) suffering physical injury; or
(iii) causing loss or damage to property; or
(iv) committing an offence against public decency; or
(v) causing an unlawful obstruction on any public road; or
(e) that the police officer has reasonable grounds for believing that the arrest is necessary to protect a child or any other vulnerable person.
355AB. The officer or any other person authorised by law making an arrest shall not use any harshness, bond or other means of restraint unless indispensably required to secure, or rendered necessary by the insubordination of the person arrested.
355AC. (1) When a person is arrested, the arrest is not lawful unless the person arrested is informed that he is under arrest, even though the arrest may be obvious.
(2) The arrest is not lawful unless the person arrested is informed at the time of his arrest or detention, in a language that he understands, of the reasons for his arrest or detention:
Provided that if an interpreter is necessary and is not readily available or if it is otherwise impracticable to comply with the provisions of this sub-article at the time of the person’s arrest or detention, such provisions shall be complied with as soon as practicable:
Provided further that, in any case, where the arrest is made by a private person under the provisions of article 355V the giving of the information may be delayed until the person arrested is taken over by the Police.
355AD. (1) Where, in the course of an investigation, a person attends voluntarily at, or accompanies a police officer to, a police station or office, that person shall be free to leave at any time, unless and until he is informed that he is under arrest.
(2) Where an inspector of Police has a reasonable suspicion that the person who attended voluntarily at the police station or office may have committed an offence subject to imprisonment, he may arrest such person forthwith without warrant and inform him accordingly. The time of the arrest shall be immediately recorded and immediate notice thereof shall be given to a Magistrate.
(3) The Police may, orally or by a notice in writing, require any person to attend at the police station or other place indicated by them to give such information and to produce such documents as the Police may require and if that person so attends at the police station or place indicated to him he shall be deemed to have attended that police station or other place voluntarily. The written notice referred to in this subarticle shall contain a warning of the consequences of failure to comply, as are mentioned in subarticle (5).
(4) Any person who is considered by the police to be in possession of any information or document relevant to any investigation has a legal obligation to comply with a request from the police to attend at a police station to give as required any such information or document:
Provided that no person is bound to supply any information or document which tends to incriminate him.
(5) A person who fails to comply with a notice in writing as is referred to in subarticle (3) or who fails, upon being so requested, even if only orally, to accompany voluntarily a police officer to a police station or other place indicated by the police officer for any purpose mentioned in the said subarticle
(3) shall be guilty of a contravention punishable with detention and shall be liable to be arrested immediately under warrant.
(6) The notice mentioned in subarticle (3) may be served with urgency in cases where the interests of justice so require.
(7) A person who attends voluntarily as mentioned in subarticle (3) may be kept apart from any other person, but shall not be kept in any place normally used for the detention of arrested persons.
355AE. (1) When a police officer arrests a person at a place other than a police station the arrested person shall be taken to the nearest police station and where the arresting officer is an officer below the rank of inspector he shall forthwith report the arrest to an officer not below the rank of inspector. In any case the inspector or officer in charge of that police station shall also be informed.
(2) Where there are grounds for the continuation of the arrest the person arrested shall be taken to a designated police station as soon as practicable and in no case later than six hours from the time of the arrest.
(3) The taking of an arrested person to a police station in accordance with the foregoing provisions of this article may be delayed if that person’s presence is required elsewhere for the purpose of any investigation which may be necessary.
(4) Where a person is released following arrest the police officer ordering release shall record in writing the fact stating reasons.
355AF. (1) A police officer may immediately search the person arrested:
(a) if the police officer has reasonable grounds for believing that the arrested person may present a danger to himself or others; or
(b) for anything which the arrested person might use to assist him to escape from custody; or
(c) for anything which might be evidence related to an offence.
(2) The provisions of article 353 of this Code shall apply to searches under this article.
Arrest
Cooperation under procedures of national law
Arrest for ICC proceedings - national procedures
Arrest for national proceedings
EDIT.