13.2 Chapter 5 — Arrest, Escape & Retaking

Chapter 5 — Arrest, Escape & Retaking

Quick Answer: Chapter 5 of the CrPC 1898 (about ss.46–67) is the arrest engine room for LAW-GAT. Know how arrest is made (s.46), when police may arrest without warrant (s.54), search and restraint limits, private-person arrest (s.59), 24-hour production (ss.60–61), and escape/retaking (ss.66–67). Overlay Article 10 of the Constitution of Pakistan, 1973 for custody safeguards (grounds, counsel, magistrate within 24 hours).

Why Arrest Procedure Scores Marks

Arrest is the first coercive contact between the State and the subject. Examiners test:

1. Power — who may arrest, with or without warrant
2. Method — touch, confinement, force, search
3. Time — no unnecessary delay; 24-hour ceiling before Magistrate
4. Continuity — pursuit across limits; retaking after escape

If you only memorise “police can arrest in cognizable cases,” you will miss stems on private arrest, obstruction limbs, search of women, and constitutional production.

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Procedure Flow (Memorise the Pipeline)

Information / suspicion / warrant / private witnessing of non-bailable & cognizable offence
        ↓
Lawful arrest (s.46 method + authority source: warrant, s.54, s.59, Magistrate presence, etc.)
        ↓
No unnecessary restraint (s.49) · search / seize offensive weapons (ss.50–52 cluster)
        ↓
Take before officer in charge or Magistrate without unnecessary delay (s.60)
        ↓
Not detain in police custody beyond 24 hours without Magistrate’s order (s.61)
        ↓
If escapes → pursue and retake (s.66); place-search & pursuit rules re-apply (s.67)

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Arrest How Made; Restraint; Search

Section 46 — Arrest how made

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 action.

Trap: Shouting “you are under arrest” from across a field without touch, confinement, or submission may fail the s.46 completion test on a pure Code reading.

Section 47 — Search of place entered by person sought to be arrested

If a person with authority to arrest has reason to believe the person to be arrested has entered a place, the person residing in or in charge of that place must, on demand, allow free ingress and afford facilities. Forceful entry themes apply when ingress is refused after demand (and in certain urgency situations as drafted).

Section 48 — Pursuit of offenders into other jurisdictions

A police officer may, for the purpose of arresting without warrant any person whom he is authorised to arrest, pursue such person into any place in Pakistan. Local station limits do not create a free escape corridor.

Section 49 — No unnecessary restraint

The person arrested shall not be subjected to more restraint than is necessary to prevent escape.

Sections 50–52 cluster — Weapons and search

Exam cue: Male officer personally searching a woman accused is a classic illegal search manner trap even if the arrest power itself existed.

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When Police May Arrest Without Warrant (s.54)

Section 54 — Core list (learn the idea clusters)

Any police officer may, without an order from a Magistrate and without a warrant, arrest (among others):

1. Cognizable involvement limb: Any person who has been concerned in any cognizable offence, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists of his having been so concerned.
2. House-breaking implements: Person in possession, without lawful excuse, of any implement of house-breaking.
3. Proclaimed offender: Person who has been proclaimed as an offender under the Code or by order of the Provincial Government.
4. Stolen property limb: 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.
5. Obstruction / escape: Person who obstructs a police officer in execution of duty, or who has escaped or attempts to escape from lawful custody.
6. Deserter limb: Person reasonably suspected of being a deserter from the armed forces of Pakistan (as drafted).
7. Extraterritorial / extradition limb: Person concerned in an act outside Pakistan which would be an offence if committed in Pakistan and for which he is liable to be apprehended under extradition/fugitive laws.
8. Released convict breach: Released convict committing a breach of a rule made under the relevant supervision section.
9. Requisition limb: Person for whose arrest a requisition has been received from another police officer, provided the requisition specifies the person and the offence/cause and appears lawful.

Related: s.55 (security-type preventive arrests of vagabonds/habitual robbers under specified conditions) and s.56 (deputation of subordinate to arrest—written order themes) often appear as side options. s.57 covers refusal to give name and residence (arrest for identification / production when name refused).

Trap: s.54 does not authorise warrantless arrest for a pure non-cognizable offence merely because the officer is annoyed—unless another specific limb (e.g., obstruction, escape from custody) independently applies.

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Private Person Arrest; Magistrate Presence; Production & 24 Hours

Section 59 — Arrest by private persons

A private person may arrest any person who in his view commits a non-bailable and cognizable offence, or any proclaimed offender, and without unnecessary delay shall make over the arrested person to a police officer or, in the absence of a police officer, take him to the nearest police station. If there is reason to believe that he has committed a cognizable offence, he is re-arrested by police under their powers; if further grounds lack, release themes apply as drafted.

Trap: Private arrest power is narrower than police s.54 power. “In his view” and the double requirement (non-bailable and cognizable) are frequent MCQ filters.

Sections 64–65 — Magistrate pathways (awareness)

• Offence committed in a Magistrate’s presence → Magistrate may himself arrest or order arrest.
• Arrest by or in presence of Magistrate → procedural authority themes for immediate custody.

Sections 60–61 — Production and detention limit

Exam math: 24 hours is the police custody ceiling without Magistrate’s special order; journey time is excluded from the count in the classic formulation.

Section 62 — Police to report apprehensions

Officers in charge report to the District Magistrate/authorised Magistrate the cases of all persons arrested without warrant within their station limits (administrative oversight theme).

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Escape and Retaking

Section 66 — Power, on escape, to pursue and retake

If a person in lawful custody escapes or is rescued, the person from whose custody he escaped or was rescued may immediately pursue and arrest him in any place in Pakistan.

Section 67 — Application of place-entry and pursuit provisions

The provisions of ss.47, 48 and 49 (place entry, pursuit, no unnecessary restraint) apply to arrests under s.66 even where the person making the fresh arrest is not otherwise acting as a police officer under ordinary station powers.

Teaching point: Escape does not wipe the original custody; the law prioritises immediate retaking with the same supporting search/pursuit tools.

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Constitutional Overlay — Article 10 (Awareness Layer)

CrPC Chapter 5 is the statutory arrest machinery. Article 10 of the Constitution of Pakistan, 1973 adds fundamental-rights safeguards as to arrest and detention. For LAW-GAT, hold these as an overlay, not a replacement of section numbers:

How to use on MCQs:

• Pure method/power question → answer from CrPC ss.46–67.
• Rights while in custody / production → often both CrPC s.61 and Art. 10.
• Do not invent a right to skip a lawful cognizable arrest merely by asserting constitutional dignity; the Constitution regulates custody, it does not abolish police power under s.54.

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Integrated Decision Tree

1. Is there a warrant or Magistrate order? If yes, execute according to warrant rules (process chapters).
2. If no warrant → does s.54 (or s.55/57 etc.) limb fit? Check cognizable concern first.
3. Private person? Only non-bailable + cognizable in view, or proclaimed offender, then hand over fast.
4. Complete arrest under s.46 (touch/confine/submission); s.49 restraint; woman-search rules.
5. Produce without unnecessary delay; ≤ 24 hours police detention without Magistrate order (s.61 + Art. 10).
6. Escape → s.66 retake + s.67 tools.

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Exam Trap Table

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Memory Card: Chapter 5

1. s.46 — touch/confine/submission; force limits
2. s.49 — no unnecessary restraint
3. s.54 — warrantless police arrest limbs (cognizable first)
4. s.59 — private person: non-bailable and cognizable in view / proclaimed offender
5. ss.60–61 — no unnecessary delay; 24 hours max without Magistrate
6. ss.66–67 — escape → retake; 47–49 apply
7. Art. 10 — grounds, counsel, magistrate within 24 hours

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Key Takeaways

• Arrest power and arrest method are separate—both are tested
• s.54 is a list of limbs, not a single slogan
• Private arrest is narrow; police power is wider
• 24-hour production is both CrPC and constitutional
• Escape triggers fresh pursuit authority, not a clean getaway