You are viewing the translated version of गिरफ्तार गर्ने अधिकार.
Section 59
Right to Arrest
: (1) If a person is to be arrested in connection with the investigation of an offense under this Act, the investigating officer shall submit an application to the investigating officer for permission to arrest, along with the reason and details of the identity of such person.
(2) If there is a reason for arrest based on the application under sub-section (1), the officer hearing the case may grant permission to issue an arrest warrant.
(3) The person to whom the arrest warrant has been issued in accordance with sub-section (2) shall be arrested by the police and brought before the officer who hears the case within twenty-four hours, excluding the time limit for the journey.
(4) Notwithstanding anything written in sub-section (1), if the person committing the offense is not arrested immediately, if such person escapes, or if he has reasonable cause to steal or destroy evidence, or if a person related to the offense is found absconding or is found committing an offence, the investigating officer shall Such a person should be immediately issued an arrest warrant and arrested and brought to the hearing officer for approval along with the arrested person.
(5) If the investigation is not completed within twenty-four hours with respect to a person arrested in connection with a crime, and it is found that the investigation should be continued by keeping him in custody, the investigating officer shall bring him before the investigating officer and keep him in custody only with the permission of the investigating officer. Accordingly, when requesting permission, the charge against the detained person, its basis, the reason why he should be detained and investigated and if his statement has been recorded, the use of the statement should be clearly mentioned.
(6) If permission to detain in accordance with sub-section (5) is requested, the officer hearing the case, after looking at the relevant documents and considering whether the investigation has been carried out satisfactorily, may repeatedly grant permission to detain for a maximum of twenty-five days.
(2) If there is a reason for arrest based on the application under sub-section (1), the officer hearing the case may grant permission to issue an arrest warrant.
(3) The person to whom the arrest warrant has been issued in accordance with sub-section (2) shall be arrested by the police and brought before the officer who hears the case within twenty-four hours, excluding the time limit for the journey.
(4) Notwithstanding anything written in sub-section (1), if the person committing the offense is not arrested immediately, if such person escapes, or if he has reasonable cause to steal or destroy evidence, or if a person related to the offense is found absconding or is found committing an offence, the investigating officer shall Such a person should be immediately issued an arrest warrant and arrested and brought to the hearing officer for approval along with the arrested person.
(5) If the investigation is not completed within twenty-four hours with respect to a person arrested in connection with a crime, and it is found that the investigation should be continued by keeping him in custody, the investigating officer shall bring him before the investigating officer and keep him in custody only with the permission of the investigating officer. Accordingly, when requesting permission, the charge against the detained person, its basis, the reason why he should be detained and investigated and if his statement has been recorded, the use of the statement should be clearly mentioned.
(6) If permission to detain in accordance with sub-section (5) is requested, the officer hearing the case, after looking at the relevant documents and considering whether the investigation has been carried out satisfactorily, may repeatedly grant permission to detain for a maximum of twenty-five days.