Section 9: Power to arrest person related to offence

1) The police or investigating authority may arrest any person related to an offence if such person is found or caught in the course of committing the offence.

2) If, in the course of investigation into any offence, it is necessary to arrest any person immediately in accordance with this Chapter, an application, along with the reason for such arrest, and the details disclosing the identity of the person to be arrested, as far as practicable, shall be made to the adjudicating authority for permission to issue a warrant of arrest.

3) If an application is made pursuant to sub-section (2) and the reason for arrest appears to be reasonable, the adjudicating authority may, on the same application, give permission to issue a warrant of arrest.

4) The form of a warrant of arrest shall be as referred to in the order referred to in Schedule-8.

5) The order referred to in sub-section (3) shall not be disclosed until the person to be arrested is arrested.

6) Notwithstanding anything contained in sub-section (2), if a person who is not arrested at once or there is a reasonable ground to believe that such person may abscond, escape or destroy the evidence, exhibits or proof, such person shall be arrested immediately upon issuing an urgent warrant of arrest in the form referred to in Schedule-9, and the matter shall be submitted to the adjudicating authority, along with the person so arrested, for permission.

7) If any person is arrested upon issuing an urgent warrant of arrest pursuant to sub-section (6), no other investigation related proceedings related to such offence may be initiated without obtaining permission from the adjudicating authority.

8) If the police is not available for the time being at the time of commission of any offence, any person who is present at the time of commission of that offence or who is eyewitness thereto may prevent the person committing such offence from going away or escaping and hand him or her over to the nearby police office.

9) If it is necessary to arrest a person pursuant to sub section (1) or (6), such person shall, prior to arresting him or her, be informed of the cause necessitating his or her arrest and reminded, persuaded and ordered to surrender himself or herself.

10) If, in spite of the remainder, persuasion or order under sub-section (9), any person does not surrender himself or herself but makes attempt to evade, escape or avoid arrest or confronts or attempts to confront in any manner, with or without the use of force, the police employee may use necessary force to arrest him or her.

11) If a woman is to be arrested pursuant to this Section, the woman shall be arrested by female police as far as possible.

Provided that if female police are not available for the time being to arrest such woman, nothing shall bar the arresting of such woman by a male police employee in such manner as to respect her physical sensitivity and as not to undermine her dignity or prestige.

12) A person who is arrested pursuant to this Section or his or her body may be searched.

13) If there is a reasonable ground to suspect that any person to be arrested pursuant to this Section is residing in any house or place, that person may be arrested by making search of such house or place.

14) If a person is arrested upon making search pursuant to sub-section (13), the body of such person may also be searched.

15) The person who arrests such person or investigating authority shall take custody of any evidence related document or exhibits, evidence or any other thing found during the search made pursuant to sub-section (12) or (13) and give a receipt thereof.

16) Notwithstanding anything contained elsewhere in this Section, if any person commits any offence under Schedule-1 or Schedule-2 in the presence of any police employee or authority or in any government office, the concerned police employee, authority or chief of office may, as required, arrest such person.