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Report No. 84

II. Arrest of Women

3.5. Arrest-Section 40, Code of Criminal Procedure.-

Taking, first, the subject of arrest, the material provision of the Code of Criminal Procedure is contained in section 46, which reads as under:-

"46. (1) In making an arrest the police officer or other person making the same shall actually touch or confine the body of the person to be arrested, unless there be a submission to the custody by word or action.

(2) If such person forcibly resists the endeavour to arrest him, or attempts to evade the arrest, such police officer or other person may use all means necessary to effect the arrest.

(3) Nothing in this section gives a right to cause the death of a person who is not accused of an offence punishable with death or with imprisonment for life."

The section requires a police officer making an arrest to actually touch or confine the body of the person to be arrested, unless there be a submission to custody by word or action. We are of the view that a provision should be added to the effect that in the case of women, their submission to custody shall be presumed unless proved otherwise, and that unless the circumstances otherwise require or unless the officer arresting is a female, the police officer should not actually touch the person of the woman for making an arrest.



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