a) What are the powers of the Police to arrest a person? What are the rights of an arrested person?

According to Section 273 of the Code of Criminal Procedure, 1973 evidence of the trial and other proceedings shall be taken in the presence of the accused. In order to follow the said procedure, the trial before the magistrate commences when the accused appears before the magistrate. Accordingly, the attendance of the accused can be secured by his arrest. Thus, it is the first step in the process of investigation and trial after complaint. Arrest of a person can be effected in two ways: (i) With a warrant and (b) Without a warrant.

According to Section 2(c) of the Code of Criminal Procedure, 1973 ‘cognizable offence’ means an offence for which, and” cognizable case” means a case in which, a police officer may, in accordance with the First Schedule or under any other law for the time being in force, arrest without warrant. A police officer has power to arrest a person without warrant if he is suspected of having committed a cognizable offence. Normally in non-cognizable offences a police officer cannot arrest a person without a warrant from a Magistrate.

Arrest Without Warrant:

Section 41 of the Code, deals with situations when a police officer may make an arrest without a warrant or without an order of a magistrate. The Police Officer can arrest a person without warrant in the following cases

• When the person commits a crime in front of a police officer (for example at a public event or in a police station);
• When the police have received reliable information or a complaint that the person have committed a cognizable crime;
• If the Court has declared the person as a proclaimed offender;
• If the police found the person with stolen property and they suspect that he had stolen;
• If the person causes trouble to a police officer who is performing his duty;
• If the person escapes from custody of the police or jail;
• If the person is suspected of deserting the army;
• If the person is a suspect in a crime outside India and he is liable to be brought back to India; or
• If the person was convicted of a crime in the past and have violated the conditions of his release.

The police officer can arrest without warrant if the following conditions have been fulfilled-

1. The offender has committed cognizable offence.
2. To prevent such person from committing any additional crime; or
3. For proper facilitation of the investigation of the crime; or
4. To stop such person from causing the proof of the crime to disappear or tampering with such evidence in any manner; or
5. To restrain such person from making any inducement, threat or promise to any person acquainted with the facts of the case so as to stop him from disclosing such facts to the Court or to the police officer; or as unless such person is arrested, his presence in the Court whenever required cannot be ensured;

Guidelines During Arrest:

The police officers have to follow certain guidelines whilst arresting a person (D. K. Basu case): 

• Every police officer, who is making an arrest, shall mandatorily have a precise, perceptible, and unambiguous recognition of his name, which will assist in easy identification of the police officer.
• A memorandum of arrest shall be prepared by every police officer making an arrest. The memorandum shall be signed by at least one member of the family of the person who has been arrested. If no family member is available, then it must be signed by at least one respectable member of the locality where the arrest has been made.
• The memorandum so prepared must be signed by the person so arrested.
• It the duty of the police officer making the arrest to inform the person so arrested that he has the right to inform of the arrest to his family members or family. But if the memorandum above mentioned is signed by a member of the family, then the police officer is not obligated to inform the person so arrested of the said right. 
• The police officer making the arrest needs only to actually physically touch or confine the body of the person so arrested, unless there is voluntary submission to custody by the person being arrested by word or action.
• A male officer is not to touch a female arrestee. 
• If the person forcibly resists the endeavour to arrest him, or attempts to evade the arrest, then then arresting police officer or any other person may use all means necessary to make the arrest.
• When it is intended to arrest a woman after sunset and before sunrise, the woman police officer must mandatorily obtain the previous permission in writing of the Judicial Magistrate of the first class within whose jurisdiction the crime is committed or arrest is to be made. This provision has been inserted by the Code of Criminal (Amendment) Act, 2005. 
• The person so arrested has to be taken to the nearest magistrate within 24 hours of the arrest. This time excludes the time to travel. 

Rights of Arrested Persons:

• According to Section 50 of the Code, every police officer or any other person who is authorised to arrest a person without a warrant should inform the arrested person about the offence for which he is arrested and other grounds for such an arrest. It is the duty of the police officer and he cannot refuse it.
• According to Section 50(2) of the Code, when a police officer arrests any person without a warrant for an offence other than non-cognizable offence; he shall inform him that he has a right to release on bail and to make an arrangement for the sureties on his behalf.

• According to Section 50A of the Code, a person making an arrest to inform of the arrest to any of his friends or relative or any other person in his interest. The police officer should inform the arrested person that he has a right to information about his arrest to the nominated person as soon as he is put under custody.
• According to Section 55 of the Code, whenever a police officer has authorised his subordinate to arrest any person without a warrant, the subordinate officer needs to notify the person arrested of the substance of written order that is given, specifying the offence and other grounds of arrest.
• According to Section 41D of the Code, the arrested person is entitled to have a right to have one friend, or relative or any other person who is having interest in him informed about his arrest.
• According to Section 56 of the Code, a police officer making an arrest without a warrant should produce the arrested person without unnecessary delay before the Magistrate having jurisdiction or a police officer in charge of the police station, subject to the conditions of the arrest.
• According to Section 76 of the Code,  the police officer executing a warrant of arrest should produce the arrested person before the court before which he is required by law to produce the person. It states that the person should be produced within 24 hours of arrest. While calculating the time period of 24 hours, it must exclude the time which is required for the journey from the place of detaining to the Magistrate Court.
• According to Section 41D of the Code,  the arrested person has a right to consult his lawyer during interrogation.