Skip to content

The Code of Criminal Procedure, 1898

Section 46Arrest how made

In forcePart III GENERAL PROVISIONSChapter V OF ARREST, ESCAPE AND RETAKING

Part III GENERAL PROVISIONS

Chapter V OF ARREST, ESCAPE AND RETAKING

A.-Arrest generally

s. 46

46. Arrest how made (1) 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. [Resisting endeavour to arrest] (2) If such person forcibly resists the endeavor to arrest him, or attempts to evade the arrest, such police-officer or other person may use all means necessary to effect the arrest. (3) 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].

  1. 71. The words "transportation for life" construed as a reference to "imprisonment for life" by section 3 of the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985)

End of s. 46. Not in the index for this Act: Schedule (sub).

Read the contents: The Code of Criminal Procedure, 1898