[Sections 46, 54 And 59, Cr.P.C.]
Warrant. When a warrant of arrest has been issued, the officer making the arrest must have the warrant in his possession; otherwise the arrest is illegal, ILR 5 All. 318 Emp v. Amar Nath.
Touching the body necessary. An arrest is restraint of the liberty of a person, unless there is submission, actual contract is necessary to effect it. When a person was told that he was under arrest and that person walked away, held the accused was not arrested at all and could not be convicted of escape from custody. 17 Cr.LJ 87 Aludmal v. Emp. 30 Cr.LJ 128 Harmohan Lal.
Private person may arrest a person who attempts to commit a non-bailable and cognizable offence in his presence (under section 59, Cr.P.C.). The provision does not apply to substantive offence only, AIR 1945 Lah. 334 Dost Muhammad v. Emperor (SC) PLD 1966 SC 432, State v. Muhammad Akbar-Arrest authorised when offence committed in their view as above.
Arrest by private persons. Shield provided by provisions of law to private individuals to apprehend culprits committing cognizable and non-bailable offence in his presence is not limited only to those who actually see commission of the crime but is also available to those who come to their help on their outcry. (SC) PLD 1970 SC 206 Sultan Ahmad, (DB) PLD 1972 Lah. 129, Miana (DB) PLD 1954 Lah. 45, Muhammad Ishaq v. Crown.
High Court Judge is empowered to arrest u/S. 54, Cr.P.C. in whole of Pakistan and at the time of making order for registration of case can simultaneously arrest persons concerned in the cognizable offence.(See sec. 22-A & Sec. 25, Cr.P.C) PLJ 1990 Cr.C. (Lah.) 200 Haji Imam Din v. SHO etc.
Seeing the offence committed. The words "in his view' in section 59 is to be liberally construed. Person not actually seeing the culprits committing the offence but called by those who had seen the commission of the crime after arrest of the accused while they were running away, held to be within the expression. (DB) PLD 1954 Lah. 45 Muhammad Ishaq v. Crown. PLD 1961 Kar. 137 (DB) Murad. (DB) PLD 1959 Pesh. 61 Illahi Bakhsh.
Seeing the offence being committed or running away. When a man is found committing a non-bailable and cognizable offence and then tries to escape, the whole is to be treated as one single transaction and any person who either sees him committing the offence or finds him running away immediately after the commission of the offence would be entitled to arrest him under section 59. Cr.P.C. 49 Cr.LJ 62 (All.) Sheo Balak. Contra 23 Cr.LJ 3 Alawal. AIR 1933 Pat. 508 Abdul Aziz where it was held that a private person is not entitled to arrest an accused who is running away after committing murder where the murder did not take place in the presence of such person.
Offence committed "in his view". The words "in his view" in Section 49 are of most specific nature, and in their natural and proper meaning they are confined to things actually seen. To extend these words to cover a case where action is taken on the basis of a reasonable ground to think that a person sought to be arrested has committed a non-bailable and cognaizable offence may be regarded as an attempt to legislate. PLD 1954 Lah. 45, considered (SC) PLD 1966 SC 432 State v. Muhammad Akbar.
Offender seen running away, immediately after commission of non-bailable and cognizable offence can legally be arrested by a person and there is no right of private defence against such person. Persons coming to help on the outcry also enjoy the protection and are entitled to arrest the escaping offender. (DB) 49 Cr.LJ 62 (All.) Sheo Balak v. Emp.
Offence committed under section 308, PPC. The offence being bailable, the attempt to arrest was not justified and the accused had a right of private defence to resist the arrest. (DB) PLD 1953 Lah. 207 Nawab v. Crown.
Carrying unlicensed arms. The arrest of such person is not justified under Section 59, Cr.P.C. However, arrest can lawfully be made when the person arresting has just grounds to suspect that the arms are being carried for being used or any unlawful purpose. (DB) PLD 1951 Lah. 279 Ata Muhammad v., Crown.
Date of arrest must be brought out in the examination-in-chief of investigating officer. The fact that date of arrest is found in the memo or calendar is not evidence. AIR 1945 Oudh 149 Manohar v. Emp.
Chasing of thieves in order to arrest them by neighbour on hearing alarm. The thieves have no right of private defence against any attempt made by him to arrest them. 49 Cr.L.J. 62 (All.) Sheo Balak.
Drunk and disorderly person assaulting others, so that his conduct is grave danger to the Public, he may be rightly arrested by a private citizen. 44 Mad. 913 Ramaswamy Ayyar. 46 Mad. 913 Gopa.
Attempt to commit an offence is itself an offence and if such attempt is made in view of the person arresting he is justified under section 59, Cr.P.C. AIR 1945 Lah. 334 Dost Muhammad v. Emp.
Bona fide belief that a person is committing a non-bailable and cognizable offence (e.g. abduction of a girl. Section 366, Penal Code) in his presence, a private citizen is justified in making arrest, although it may subsequently turn that the case was not of abduction. Section 79, Penal Code would protect him. 27 Cr.LJ 1378 Anant Prasad.
Irregular or unlawful arrest does not affect the validity of trial or conviction. AIR 1944 P.C. 73 Parbhu v. Emp. 26 Cr.L.J. 492 Joseph v. Emp.
Reasonable suspicion (u/S. 54, Cr.P.C.) Reasonable suspicion must be bona fide belief and not a vague surmise. Police Officer cannot arrest anyone of his own sweet choice. PLD 1975 Lah. 729 Muhammad Shafi v. Muhammad Boota.
Mere apprehension of the breach of peace does not entitle police to arrest a person. Good faith of the public servant is essential to deprive a person of the right of private defence. PLD 1954 Lah. 119 Ahmad v. Crown.
Unauthorsied arrest by private person attracts the right of private defence, but where it is exceeded by killing the man case falls under section 304 (1) (DB) PLD 1953 Lah. 27 Nawab v. Crown.
Arrest effected in unauthorised manner does not oust the jurisdiction of the tribunal before which he is brought for trial. (SC) PLD 1956 SC 264 M.S.K. Ibrat v. C-in-C. Pakistan Navy.
Issuance of non-bailable warrants of arrest, u/S. 204, Cr.P.C. in the first instance after taking cognizance are not called for. NLR 1990 Cr. 495. Nazir etc.