Arrest Provision Under Section 41- 60A of CRPC – Criminal Procedure Code,1973 – Judiciary

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Safeguard provision of Arrest Section 41-60A of CrPC

If the information or reasonable complaint is that a person has committed a cognizable offence of less than seven years or up to seven years of imprisonment, the reason has to be recorded in writing for his arrest.
The police officer have to give a detailed account as to why arrest is made
The reason to be recorded in details and elaborately.
Moreover reason to be recorded even of no. arrest by police officer then also reason to be recorded.
There should be visible identification mark of the police officer.
Memorandum of arrest has to be signed by the witness and counter signed by the accused.
The accused family and friends should be informed about the arrest.

Section 41B read with section 50A

There should be police headquarter established by state government at state and district level (section 41 C)
The arrested person has a right to meet an advocate of his choice during interrogation but not through interrogation. (section 41 D)
To maintain the person custody, reasonable force to be applied, if trying to escape or use force then confine else not to use force. (Section 46 and 49)
The Arrested person should be informed about the ground of arrest and that he has a right to bail.
If a police officer has arrested without warrant then forthwith communicate him full particulars of offence and in case of bailable offence tell him that he has right to bail.
Medical examination of the accused – accused has to be medical examined by medical officer in the service of state and central government.
In case the arrested person is female the examination by female medical officer
And such medical officer will record the examination and report of such examination shall be furnished to the arrested person. (Section 54)
It is the duty of the person having custody of the accused to take care of health and safety of the accused. (Section 55A)
The person who is arrested to be taken before magistrate or officer in charge of police station without any delay. (Section 56)
The person arrested should not be detained for more than 24 hours, unless special order is given under section 167. (Section 57)
Officer of police station shall report to DM or SDM about all the arrest cases which are without warrant and whether such person were given bail or not. (Section 58)
These safeguard provided in various provision of this code shall be strictly followed. (Section 60 A)