Arrest Provisions — Sections 35–52

4.1 Arrest Without Warrant — Section 35

A police officer may arrest without warrant in cognisable offences where:

• The person has committed a cognisable offence
• Reasonable complaint or credible information against them
• Concealment of person suspected of committing cognisable offence
• Person who has escaped from lawful custody
• Person who is a proclaimed offender

Protection against arbitrary arrest: Section 35 also provides that for offences punishable with less than 3 years imprisonment, arrest is not automatic — the officer must have reasonable reasons and must record them in writing. This prevents routine arrest for minor offences.

4.2 Rights of Arrested Person — Section 47–52

Section 47: Right to be informed of grounds of arrest immediately
Section 48: Right to have a person informed of arrest (not necessarily a lawyer — can be family/friend/nominated person)
Section 49: Right not to be subjected to more restraint than necessary
Section 50: Right to be produced before Magistrate within 24 hours (excluding travel time)
Section 52: Right to meet an advocate of choice during interrogation

Handcuffing — Section 43(3): Handcuffing now requires a specific reason — routine handcuffing prohibited. Only for:

• Habitual/repeat offender
• Person accused of heinous offence (murder, rape, dacoity)
• Where there is specific apprehension of escape

4.3 Arrest of Women — Special Provisions

• A woman shall not be arrested by a male officer after sunset and before sunrise except in exceptional circumstances with written permission of Judicial Magistrate
• Arrested woman must be taken to an all-female lock-up (not regular male lockup)
• Medical examination of arrested woman — only by female registered medical practitioner

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