- 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: 37
1 [Provided that where a woman is to be arrested, unless the circumstances indicate to the contrary, her
submission to custody on an oral intimation of arrest shall be presumed and, unless the circumstances
otherwise require or unless the police officer is a female, the police officer shall not touch the person of the
woman for making her arrest.]
(2) If such person forcibly resists the endeavour 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 imprisonment for life. 2
[(4) Save in exceptional circumstances, no woman 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.]
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