''III Arrest''

8. Summary arrest of persons committing summary offences in certain cases

Whoever is found committing any summary offence against the person or against property may be arrested, without warrant, by any constable, or by any person whom a constable may call to his or her assistance, or by the owner of the property on or with respect to which the offence is committed, or by his or her servant or any other person authorised by him or her.

9. Summary of arrest of persons committing indictable offences in certain cases

(1) Whoever is found committing any indictable offence may be arrested by any person without warrant.

(2)Any person may, without warrant, arrest any person who has in fact committed an indictable offence, or any person who is being pursued by hue and cry, but not otherwise.

(3) Any person to whom any property is offered to be sold pawned or delivered, and who has reasonable ground to suspect that any indictable offence has been or is about to be committed on or with respect to the property, may, and if he or she can, shall, without warrant, arrest the person offering it, and take possession thereof.

(4) Whoever finds any person in possession of any property which he or she, upon reasonable grounds, suspects to have been obtained by any indictable offence, may arrest the person without warrant, and take possession of the property.

10. Saving of powers of summary arrest given to constables

Nothing contained in the preceding sections shall affect the powers of arrest without warrant conferred by law upon constables.

11. Form and requisites of warrant of apprehension

(1) Every warrant for the arrest of any person issued under this Code, or, unless the contrary is expressly provided, under any other law, shall be dated of the day on which it is issued, and shall be signed by the Judge or Magistrate by whom it is issued.
(2) No such warrant shall be signed in blank.

(3) No such warrant shall be issued by a Magistrate without an information upon oath.

(4)Every such warrant may be directed either to any constable by name, or to a constable by name, and all other constables, or generally to all constables, or, in the case of a warrant issued by the Supreme Court, to a bailiff.

(5) Every such warrant may be executed by any constable named therein, or by any one of the constables to whom it is directed, or by a bailiff.

(6) Every such warrant shall state shortly the offence or matter for which it is issued, and shall name or otherwise describe the person to be arrested, and it shall order the constable or constables, or bailiff, to whom it is directed, to arrest the person, and bring him or her before the Court to answer the information, or to testify, or otherwise, according to the circumstances of the case. It shall not be necessary to make the warrant returnable at any particular time, but it shall remain in force until executed.

A copy of every such warrant shall be kept by the Court by which it is issued.

12. Execution of warrant

(1) Every warrant of arrest may be issued and executed on a Sunday.

(2) The constable or bailiff executing the warrant must have it in his or her possession, and must, upon request by the person to be arrested, show him or her the warrant. He or she must also, before making the arrest, inform the person to be arrested that he or she has the warrant, unless there is reasonable cause for abstaining from giving the information on the ground that it is likely to occasion escape, resistance or rescue.

(3) Any constable or bailiff authorised to execute the warrant may, for the purpose of executing it, either with or without assistance from any other person, break open and enter any house, building or enclosed place, if admittance cannot otherwise be obtained. Before so doing, he or she must, as far as practicable, notify his or her possession of the warrant.

(4) It shall be lawful for the Chief of Police to cause copies of warrants to be made and when made to certify the same, and every copy thus duly certified shall for all purposes be as valid as the original warrant.

13. All persons arrested to be brought speedily before the Court

Every person arrested for any cause, whether with or without a warrant, shall be brought before a Judge or a Magistrate, as the case may be, as soon as practicable; and every person arrested under any of the provisions hereinbefore contained by any person other than a constable or bailiff shall as soon as possible be delivered into the custody of a constable for that purpose.

14.Handcuffing of person arrested

A person arrested, whether with or without warrant, shall not be handcuffed, or otherwise bound, or searched; unless in case of necessity, or of reasonable apprehension of violence, or of attempt to escape, or by order of the Court.

TITLE IV