Arrest, its categories and persons empowered to arrest.

An arrest is the act of taking a person into custody by legal authority to answer for a suspected offense or to prevent further unlawful acts. Arrest involves restricting the individual's freedom of movement, either by physical restraint or by a show of authority, with the intention of bringing the person before a legal authority, such as a court, for judicial proceedings. Arrests can be made with a warrant issued by a competent authority, based on reasonable suspicion or evidence of an offense, or without a warrant under specific circumstances outlined by law, such as when an offense is committed in the presence of an authorized official or in cases where prompt action is needed to prevent the individual from escaping or committing further offenses.

Categories of arrest

Arrests are categorized into two types: arrests with a warrant and arrests without a warrant. Section 13 of the Criminal Procedure Act (CPA) provides that Magistrates, Ward Secretaries, and Village Secretaries may issue warrants of arrest or summons to bring a suspect to court after receiving sworn allegations suggesting reasonable grounds to believe the person has committed an offense. Arrests without a warrant are made in connection with offenses specified under Sections 14, 16, 17, 18, and 28 of the CPA.

Persons Empowered to Arrest

The CPA empowers police officers, magistrates, and private individuals to make arrests. According to Section 14(1), police officers may arrest without a warrant any person suspected of committing or intending to commit an offense in their presence, or they may arrest with a warrant issued under Section 13. Section 17 allows a Magistrate to arrest or issue a warrant for any person reasonably believed to have committed an offense. Under Section 18, a Magistrate can also arrest or instruct another person to arrest a suspect if the offense is committed within the Magistrate’s jurisdiction and in their presence. Section 16 empowers private individuals to arrest any person committing an offense in their presence as specified under Section 14. Additionally, Section 31(1) requires a person who has arrested another without a warrant to promptly hand the individual over to a police officer, the nearest police station, or, in their absence, to the Ward Secretary or Village Council Secretary in the area where the arrest was made. This provision legally permits private individuals to make arrests but only within the limits set by law.