Public when to assist Magistrates and police. Aid to persons ther than police, executing warrant. Public to give infor mation of certain offences. PART III. GENERAL PROVISIONS. CHAPTER IV. OF AID AND INFORMATION TO THE MAGISTRATES, THE 42. Every person is bound1 to assist a Magistrate or policeofficer reasonably demanding his aid, whether within or without the Presidency-towns, (a) in the taking of any other person whom such Magistrate or police-officer is authorised to arrest; (6) in the prevention of a breach of the peace, or of any injury attempted to be committed to any railway, canal, telegraph or public property; or (e) in the suppression of a riot or an affray 2. 43. When a warrant is directed to a person other than a police-officer 3, any other person may aid in the execution of such warrant, if the person to whom the warrant is directed be near at hand and acting in the execution of the warrant. 44. Every person, whether within or without the Presidencytowns, aware of the commission of, or of the intention of any other person to commit, any offence punishable under the following sections of the Indian Penal Code, (namely) 121, 121A, 122, 123, 124, 124A, 125, 126, 130, 302, 303, 304, 382, 392, 393, 394, 395, 396, 397, 398, 399, 402, 435, 436, 449, 450, 456, 457, 458, 459, and 460, shall, in the absence of reasonable excuse, the burden of proving which shall lie upon the person so aware, forthwith give information to the nearest Magistrate or police-officer of such commission or intention 4. 1 For the punishment annexed to breach of this obligation, see the Penal Code, sec. 187. 2 As to riots and affrays, see the Penal Code, secs. 146, 149. The law does not require persons to assist the police in extinguishing fires. 3 See sec. 78, infra. For the punishment annexed to breach of this obligation, see the Penal Code, secs. 176, 202. land 45. Every village-headman', village-watchman, village- Villagepolice-officer 3, owner or occupier of land, and the agent of headmen, any such owner or occupier, and every officer employed in the holder and others collection of revenue or rent of land on the part of Government to report or the Court of Wards, shall forthwith communicate to the certain nearest Magistrate, or to the officer in charge of the nearest police-station, whichever is the nearer, any information which he may obtain respecting— (a) the permanent or temporary residence of any notorious receiver or vendor of stolen property in any village of which he is headman, watchman or police-officer, or in which he owns or occupies land, or is agent, or collects revenue or rent; ()the resort to any place within, or the passage through, such village, of any person whom he knows, or reasonably suspects, to be a thug, robber, escaped convict or proclaimed offender; (e) the commission of, or intention to commit, any non-bailable offence in or near such village; 8 (d) the occurrence therein of any sudden or unnatural death or of any death under suspicious circumstances. Explanation. In this section 'village' includes village-lands. 1 See also Mad. Reg. XI of 1816, secs. 8, 9: Mad. Reg. I of 1830, sec. 3: the Forests Act, VII of 1878, sec. 78: Ben. Reg. XVII of 1829, sec. 3: the Criminal Tribes Act, XXVII of 1871, sec. 21: and (in Burma) Act II of 1880, secs. 14, 15. 2 See also in the N. W. P., Act XVI of 1873, sec. 8: XVIII of 1876, sec. 34 (Oudh): and the Forests Act, VII of 1878, sec. 78: and the Criminal Tribes Act, XXVII of 1871, sec. 21. 3 See in Bengal, Act V of 1861, secs. 21, 47: Ben. Act VI of 1870: in Madras, Act XXIV of 1869, sec. I in Bombay, Bom. Acts VII and VIII of 1867, and Bom. Reg. XII of 1827, sec. 37: in the N. W. P., Act XVI of 1873 in Oudh, Act XVIII of 1876. That residence in another's dwelling-house does not make the resident an 'occupier of land,' see 23 Suth.Cr.60. 5 This does not include a khazánchí, but may include a díwán whose master is absent, 4 Cal. 603. 6 whether he is, or is not, a native of India. The words do not include a village-accountant or a villagemunsif's peon, I Mad. 266. 7 Sec. cl. (o), supra, p. 59. 8 i. e. in the village referred to in cl. (a). That the finding of a human body in a village, under circumstances indicating that the death was sudden or unnatural, justifies the inference that the death took place therein,' and that in order to obtain a conviction under sec. 176 of the Penal Code the prosecution need not prove that the death actually took place 'therein,' see II Cal. 619, dissentiente Mitter J. Two of the High Courts have expressed an opinion that the provisions of this section should not be put in force against A where the police have actually obtained the requisite information from B, 4 Cal. 623 7 Mad. 436. matters. Arrest how made. Resisting CHAPTER V. OF ARREST, ESCAPE AND RETAKING. A.-Arrest generally. 46. In making an arrest, the police-officer or other person making the same shall actually touch or confine the body of the person to be arrested, unless there be a submission to the custody by word or action1. If such person forcibly resists the endeavour to arrest him, endeavour or attempts to evade the arrest, such police-officer or other person may use all means necessary to effect the arrest 3. to arrest. Search of place entered by person sought to Nothing in this section gives a right to cause the death of a person who is not accused of an offence punishable with death, or with transportation for life 5. 47. If any person acting under a warrant of arrest, or any police-officer having authority to arrest, has reason to believe that the person to be arrested has entered into, or is within, be arrested. any place, the person residing in, or being in charge of, such place shall, on demand of such person acting as aforesaid or such police-officer, allow him free ingress thereto, and afford all reasonable facilities for a search therein. Procedure gress not 48. If ingress to such place cannot be obtained under where in- section 47, it shall be lawful in any case for a person acting obtainable. under a warrant, and in any case in which a warrant may issue but cannot be obtained without affording the person to be arrested an opportunity of escape, for a police-officer, to enter such place and search therein, and 1 Where the arrest is under a warrant, see sec. 80, infra. The arrest may be made on any day and at any time-even on Sunday or at night. 2 For the punishment annexed to such resistance see the Penal Code, secs. 224, 225. 3 Thus a chaukídár may wound a fugitive housebreaker, if that amount of violence be necessary to secure his person. The question is, 'whether the means employed to stop the fugitive were such as an ordinarily pru dent man would make use of, who had no intention of doing any serious injury,' 2 Suth. Cr. R. 9, per Glover J. See the Penal Code, secs. 121, 132, 194, 302, 303, 305, 307, 396. 5 See the Penal Code, secs. 75, 121, 121 A, 122, 125, 125 A, 128, 130, 131, 132, 194, 222, 225, 226, 238, 255, 302, 304, 305, 307, 311, 313, 314, 326, 329, 364, 371, 376, 377, 388, 389, 394, 395, 396, 400, 409, 412, 413, 436, 438, 449, 459, 460, 467, 472, 474, 475, 477 in order to effect an entrance into such place, to break open any outer or inner door or window of any house or place, whether that of the person to be arrested or of any other person, if after notification of his authority and purpose and demand1 of admittance duly made, he cannot otherwise obtain admittance 2: zanáná. Provided that, if any such place is an apartment in the Breaking actual occupancy of a woman (not being the person to be open arrested) who, according to custom, does not appear in public, such person or police-officer shall, before entering such apartment, give notice to such woman that she is at liberty to withdraw, and shall afford her every reasonable facility for withdrawing, and may then break open the apartment and enter it. doors and 49. Any police-officer or other person authorised to make an Power to arrest may break open any outer or inner door or window of break open any house or place in order to liberate himself or any other windows person who, having lawfully entered for the purpose of making for puran arrest, is detained therein 3. poses of liberation. 50. The person arrested shall not be subjected to more No unrestraint than is necessary to prevent his escape*. necessary restraint. arrested persons. 51. Whenever a person is arrested by a police-officer under Search of a warrant which does not provide for the taking of bail, or under a warrant which provides for the taking of bail, but the person arrested cannot furnish bail, and whenever a person is arrested without warrant, or by a private person under a warrant, and cannot legally be admitted. to bail, or is unable to furnish bail, the officer making the arrest or, when the arrest is made by a private person, the police-officer to whom he makes over the person arrested, may search such person, and place in safe custody all articles, other than necessary wearing apparel, found upon him 3. Launock v. Brown, 2 B. & Ald. 592. 2 As to breaking doors, see 3 Moore, I. A. 164, and Foster's Discourse on Homicide, cited ibid. 173, 174. 3 White v. Wiltshire, Cro. Jac. 553 2 Hawk. P. C. chap. xiv. sec. II. The provisions of secs. 47, 48, 49 apply to a retaking after an escape or For the punishment annexed to 5 See secs. 53 and 523, infra. Mode of 52. Whenever it is necessary to cause a woman to be searching searched, the search shall be made by another woman, with strict regard to decency. women. Power When 53. The officer or other person making any arrest under this Code may take from the person arrested any offensive weapons which he has about his person, and shall deliver all weapons so taken to the Court or officer before which or whom the officer or person making the arrest is required by this Code to produce the person arrested. B.-Arrest without Warrant. 54. Any police-officer1 may, without an order from a police may Magistrate and without a warrant, arrest— arrest without warrant. first-any person who has been concerned in any cognisable offence or against whom a reasonable complaint has been made, or credible information has been received 3, or a reasonable suspicion exists, of his having been so concerned *; secondly any person having in his possession without lawful excuse, the burden of proving which excuse shall lie on such person, any implement of house-breaking; 5 thirdly any person who has been proclaimed as an offender either under this Code or by order of the Local Government; fourthly any person in whose possession anything is found which may reasonably be suspected to be stolen property and who may reasonably be suspected of having committed an offence with reference to such thing; fifthly any person who obstructs a police-officer while in the execution of his duty, or who has escaped, or attempts to escape, from lawful custody; and XXII of 1881, sec. 27, and Ben. 6 Penal Code, sec. 415. |