Bare Act Search Results

Code of Civil Procedure, 1908 Section 135

Title: Exemption from Arrest Under Civil Process

State: Central

Year: 1908

(1) No Judge, Magistrate or other judicial officer shall be liable to arrest under civil process while going to, presiding in, or returning from, his Court. (2) Where any matter is pending before a tribunal having jurisdiction therein, or believing in good faith that it has such jurisdiction, the parties thereto, their pleaders, mukhtars, revenue-agents and recognized agents, and their witnesses acting in obedience to a summons, shall be exempt from arrest under civil process other than process issued by such tribunal for contempt of Court while going to or attending such tribunal for the purpose of such matter, and while returning from such tribunal. (3) Nothing in sub-section (2) shall enable a judgment-debtor to claim exemption from arrest under an order for immediate execution or where such judgment-debtor attends to show cause why he should not be committed to prison in execution of a decree.

Code of Civil Procedure, 1908 Section 135A

Title: Exemption of Members of Legislative Bodies from Arrest Anddetention Under Civil Process

State: Central

Year: 1908

.....Council of a State having both such Houses, during the continuance of a joint sitting, meeting, conference or joint committee of the Houses of Parliament or Houses of the State Legislature, as the case may be, and during the forty days before and after such meeting, sitting or conference.] (2) A person released from detention under sub-section (1) shall, subject to the provisions, of the said sub-section, be liable to re-arrest and to the further detention to which he would have been liable if he had not been released under the provisions, of sub-section (1).] __________________ 1. Inserted by Act 23 of 1925, section 3. 2. Substituted by Act 104 of 1976, section 45, for sub-section (1) (w.e.f 1-2-1977).

Code of Criminal Procedure, 1973 Chapter 5

Title: Arrest of Persons

State: Central

Year: 1973

.....believing that an examination of his person will afford evidence as to the commission of an offence, it shall be lawful for a registered medical practitioner, acting at the request of a police officer not below the rank of sub-inspector, and for any person acting in good faith in his aid and under his direction, to make such an examination of the person arrested as is reasonable necessary in order to ascertain the facts which may afford such evidence, and to use such force as is reasonably necessary for that purpose. (2) Whenever the person of a female is to be examined under this section, the examination shall be made only by, or under the supervision of, a female registered medical practitioner. 1 Explanation.- In this section and in sections 53A and 54,-- (a) "examination" shall include the examination of blood, blood stains, semen, swabs in case of sexual offences, sputum and sweat, hair samples and finger nail clippings by the use of modern and scientific techniques including DNA profiling and such other tests which the registered medical practioner thinks necessary in a particular case; (b) "registered medical practitioner" means a medical practitioner who.....

Navy Act, 1957 Chapter X

Title: Arrest

State: Central

Year: 1957

.....any person who is duly committed to his custody. ________________________ 1. Substituted for the word "seamen" and "seaman" by the Navy (Amdt.) Act, 1974 (53 of 1974), Section 2 (16-12-1974). Section 88 - Procedure before trial Subject to the provisions of this Act, the procedure before trial and the manner of investigation shall be as prescribed. Section 89 - Provost-marshals (1) Provost-marshals may be appointed by the Chief of the Naval Staff or the prescribed officer. (2) The duties of a provost-marshal or to take charge of persons in naval custody, to preserve good order and discipline and to prevent breaches of the same by persons subject to naval law or to the law in force relating to the Government of the regular Army or the Air Force. (3) A provost-marshal may at any time arrest and detain for trial any person subject to naval law who commits, or is charged with, an offence and may also carry into effect any punishment to be inflicted in pursance of a sentence passed under this Act, but shall not inflict any punishment on his own authority: Provided that no officer shall be so arrested or detained otherwise than on the order of anotherofficer. (4).....

The East Punjab Armed Bands (Arrest and Detention) Act, 1947 Complete Act

State: Haryana

Year: 1947

.....is likely to cause grievous hurt or death; but does not in- elude licensed arms or arms for which no license is under the provisions of the said Act or the rules made thereunder, required; (b) "Armed band" means any assembly or group of five or more persons, all or any of whom carry or carries, arms; Provided that no public servant who carries any arms in pursuance of his duties as such public servant shall be treated as member of an arm ed band; (c) "The Code" means the Code of Criminal Procedure, 1898; (d) "Concentration Camp" means any camp es tablished by or under the authority of the (Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950) [State] Government for the dentention of persons contravening any of the provisions of this Act; (e) "Grievous hurt" has the meaning given to it in section 320 of the Indian Penal Code, 1860; and (f) ''Public servant" has the meaning given to it in section 21 of the Indian Penal Code, 1860; 3. Power to arrest members of armed bands. (1) Any Magistrate and any police officer not below the rank of Station House Officer may arrest with out warrant any member of an armed band, and if resist ance is.....

Code of Civil Procedure, 1908 Rule 37 to 40

Title: Arrest and Detention in the Civil Prison

State: Central

Year: 1908

.....discretion, order the judgment-debtor to be detained in the custody of an officer of the Court or release him on his furnishing security to the satisfaction of the Court for his appearance when required. (3) Upon the conclusion of the inquiry under sub-rule (1) the Court may, subject to the provisions of section 51 and to the other provisions of this Code, make an order for the detention of the judgment-debtor in the civil prison and shall in that event cause him to be arrested if he is not already under arrest : Provided that in order to give the judgment-debtor an opportunity of satisfying the decree, the Court may, before making the order of detention, leave the judgment-debtor in the custody of an officer of the Court for a specified period not exceeding fifteen days or release him on his furnishing security to the satisfaction of the Court for his appearance at the expiration of the specified period if the decree be not sooner satisfied. (4) A judgment-debtor released under this rule may be re-arrested. (5) When the Court does not make an order of detention under sub-rule (3), it shall disallow the application and, if the judgment-debtor is under arrest, direct his.....

Code of Criminal Procedure, 1973 Section 151

Title: Arrest to Prevent the Commission of Cognizable Offences

State: Central

Year: 1973

.....or authorised under any other provisions of this Code or of any other law for the time being in force. STATE AMENDMENT 1Maharashtra: In section 151 ,- (a) in sub-section ( 2 ), after the words "required or authorised" the words, "under sub­ section ( 3 ) or" shall be inserted; (b) after sub-section ( 2 ), the following sub-section shall be inserted, namely:- "( 3 ) (a) Where a person is arrested under this section and the officer making the arrest, or the officer in charge of the police station before whom the arrested person is produced, has reasonable grounds to believe that the detention of the arrested person for a period longer than twenty-four hours from the time of arrest (excluding the time required to take the arrested person from the place of arrest to the Court of a Judicial Magistrate) is necessary by reason that- (i) The person is likely to continue the design to commit, or is likely to commit, the cognizable offence referred to in sub-section ( 1 ) after hi s release; and (ii) the circumstances of the case are such that his being at large is likely to be prejudicial to the maintenance of public order,. the officer making the arrest, or.....

Code of Criminal Procedure, 1973 Section 438

Title: Direction for Grant of Bail to Person Apprehending Arrest

State: Central

Year: 1973

.....that the person shall not leave India without the previous permission of the Court; (iv) such other condition as may be imposed under sub-section (3) of section 437, as if the bail were granted under that section. (3) If such person is thereafter arrested without warrant by an officer in charge of a police station on such accusation, and is prepared either at the time of arrest or at any time while in the custody of such officer to give bail, he shall be released on bail, and if a Magistrate taking cognizance of such offence decides that a warrant should issue in the first instance against that person, he shall issue a bailable warrant in conformity with the direction of the Court under sub-section (1). STATE AMENDMENTS 1 Maharashtra: For section 438, the following section shall be substituted, namely:- "438 Direction far grant of bail to person apprehending arrest.- (1) When any person has reason to believe that he may be arrested on an accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Session for a direction under this section that in the event of such arrest, he shall be released on bail; and High Court.....

Code of Civil Procedure, 1908 Section 55

Title: Arrest and Detention

State: Central

Year: 1908

.....he may apply to be declared an insolvent, and that he1[may be discharged] if he has not committed any act of bad faith regarding the subject of the application and if he complies with the provisions of the law of insolvency for the time being in force. ( 4 ) Where a judgment-debtor expresses hi s intention to apply to be declared an insolvent and furnishes security, to the satisfaction of the Court, that he will within one month so apply, and that he will appear, when called upon, in any proceeding upon the application or upon the decree in execution of which he was arrested, the Court2[may release] hi m from arrest, and, if he fails so to apply and to appear, the Court may either direct the security to be realised or commit hi m to the civil prison in execution of the decree. ___________________ 1. Substituted by Act 3 of 1921, section 2, for "will be discharged". 2. Substituted by Act 3 of 1921, section 2, for "shall release".

Code of Criminal Procedure, 1973 Section 46

Title: Arrest How Made

State: Central

Year: 1973

.....right to cause the death of a person who is not accused of an offence punishable with death or with imprisonment for life. 1(4) Save in exceptional circumstances, no women shall be arrested after sunset and before sunrise, and where such exceptional circumstances exist, the woman police officer shall, by making a written report, obtain the prior permission of the Judicial Magistrate of the first class within whose local jurisdiction the offence is committed or the arrest is to be made. _________________________ 1. Inserted by Code of Criminal Procedure (Amendment) Act, 2005. 2. Inserted by Code of Criminal Procedure (Amendment) Act, 2008 to be effective from 31.12.2009 vide Notification No. S.O. 3313(E) dated 30.12.2009.