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While effecting arrest, the enforcement authority shall not:
Ss.41 & 41ACr.P.C.
1.
Arrest a person without warrant, unless he
commits a cognizable offence in the presence
of a police officer, or without observing the
provisions of S.41 and S.41A of the Code.
S.151
2.
Arrest a person u/s 151 Cr. P.C, to prevent the
commission of cognizable offence, unless the
officer concerned has a knowledge of design
of such person to commit any cognizable
offence and it appears to such officer that
the commission of the offence cannot
otherwise be prevented.
**3.
When a person is arrested without warrant,
the officer may handcuff the accused only if
he is satisfied that it is necessary to do so,
and he may do so only till the accused is taken
to the police station and thereafter his
production before the Magistrate. Any use
of fetters thereafter can only be under the
orders of the Magistrate.
4.
Use more force than is necessary to restrain
of the Const. an arrested person.
Art. 5 of the Uni.
5.
Decl of Hu. Rt., 1948 &
Art. 10 Of the Int. Cov
of Civ & Pol. Rights, 1966.
Perform public display or parade the person
arrested at any cost.
S.49 and Art. 21
** Citizens for Democracy v State of Assam (1995) 3 SCC 743
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