Box-1 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 3

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