Study Notes for Law Students: "Of Aid and Information to Magistrates, Police,

and Persons Making Arrests"

42. Public When to Assist Magistrate and Police

Original Excerpt:

Every person is obligated to assist a Magistrate or police officer when they reasonably
demand aid in:

 Arresting or preventing the escape of a person authorized for arrest.

 Preventing or suppressing a breach of the peace or preventing injury to public
property like railways, canals, telegraphs, etc.

Commentary:

Section 42 establishes a citizen's duty to assist magistrates or police officers in maintaining law
and order. It emphasizes public responsibility to ensure the arrest of offenders and the
protection of public property. Refusal to assist without a valid reason can result in legal
consequences.

Example:

If a police officer requests help from a bystander to apprehend a fleeing suspect, the bystander
is legally required to assist, provided the demand is reasonable and does not endanger the
bystander.

43. Aid to Person Other Than Police Officer Executing Warrant

Original Excerpt:

When a warrant is issued to someone other than a police officer, others may assist in its
execution if the warrant-holder is nearby and actively executing it.

Commentary:

This provision ensures effective enforcement of warrants, even if police officers are not directly
involved. Assistance must be voluntary and lawful, and the warrant-holder must be present
and acting in compliance with the warrant.

Example:
A private security guard, authorized to detain a suspect, can seek help from nearby individuals
to subdue the suspect if necessary.

44. Public to Give Information of Certain Offenses

Original Excerpt:

Every person aware of the commission or intent to commit certain serious offenses (e.g.,
treason, murder, robbery) under the Pakistan Penal Code must inform the nearest Magistrate,
Justice of the Peace, or police officer unless they have a reasonable excuse.

Commentary:

This section imposes a legal obligation on citizens to report grave crimes. The offenses listed
(e.g., murder, robbery) pose serious threats to public safety. Failure to report without a
reasonable excuse makes the individual liable unless they can justify their inaction.

Example:

If a person overhears a conversation about planning a robbery and does not report it, they may
be held accountable unless they can reasonably justify their inaction.

45. Village-Headman, Accountants, Landholders, and Others Bound to Report

Certain Matters

Original Excerpt:

Specific individuals, such as village-headmen, police officers, landowners, and others, are
required to report:

 Residence or movement of known offenders (e.g., thieves, robbers).

 Commission or intent to commit non-bailable offenses.
 Suspicious deaths or disappearances.
 Activities likely to disturb public order or safety.

Commentary:

This section assigns higher responsibility to individuals in positions of authority in rural areas.
It ensures that local leaders and officials actively contribute to crime prevention by providing
information to law enforcement.

Example:
A village-headman notices a suspicious stranger staying in the village and suspects them to be
a fugitive. He must report this to the nearest Magistrate or police station immediately.

Table of Key Sections

Section Key Points Keywords

Citizens must assist Magistrates or police Assist, Magistrate, police officer,
42
in arrests and crime prevention. preventing escape, arrest, breach of peace
Non-police warrant-holders can seek help Warrant, assist, execution, warrant-
43
in executing warrants. holder, nearby
Obligation to report certain serious Inform, Magistrate, Justice of the Peace,
44
offenses to authorities. serious offense, commission, intent
Village leaders and others must report Village-headman, non-bailable offenses,
45
known offenders, crimes, or disturbances. suspicious deaths, public order, police

Key Takeaways:

1. Section 42: Citizens must assist in arrests or preventing crimes.

2. Section 43: Non-police warrant-holders can request assistance in enforcing warrants.
3. Section 44: Citizens must report knowledge of specific serious crimes.
4. Section 45: Village leaders and other key individuals have additional reporting duties,
especially in rural areas.

These sections create a collaborative framework between the public and law enforcement,
ensuring order and safety.

Study Notes for Law Students: "Of Arrest, Escape, and Retaking"

46. Arrest How Made

Original Excerpt:

1. In making an arrest, the police officer or other person shall touch or confine the body of
the arrested person, unless there is a submission to custody by word or action.
 2. Resisting Arrest: If the person resists arrest or attempts to evade, the arresting officer
may use all necessary means to effect the arrest.

3. Limitations on Force: This section does not permit causing death unless the person is
accused of an offense punishable by death or imprisonment for life.

Commentary:

Section 46 explains the procedure for making an arrest. It emphasizes the physical act of arrest
unless the person willingly submits to custody. If the person resists or flees, the law allows the
use of necessary force but prohibits causing death unless the offense is particularly grave (e.g.,
punishable by death or life imprisonment).

Example:

If a suspect of robbery tries to run from the police, the officer may tackle the suspect to prevent
escape. However, the officer cannot use lethal force unless the suspect is accused of a capital
offense or life imprisonment offense.

47. Search of Place Entered by Person Sought to Be Arrested

Original Excerpt:

If a person sought to be arrested is believed to have entered a place, the person in charge of
the place must:

 Allow free access to the law enforcement officer.

 Provide reasonable facilities for conducting the search.

Commentary:

This section ensures that a person in control of a property must cooperate with law
enforcement when they have reason to believe an accused is hiding there. It safeguards the
search process by requiring the place's occupant to allow access and facilitate the search.

Example:

If a suspect enters a private house while evading arrest, the house owner is legally bound to let
the police enter and search the premises.

48. Procedure Where Ingress Is Not Obtainable

Original Excerpt:
If entry to the place mentioned in Section 47 is denied:

 A police officer or person acting under a warrant may:

o Break open any outer or inner door or window to gain entry.

o Notify the occupant of their authority and purpose before doing so.

 Special Provision for Women: If the place is occupied by a woman who, by custom, does
not appear in public, the officer must:

o Allow the woman to withdraw and provide reasonable facilities for her
withdrawal before entering.

Commentary:

This section allows the use of reasonable force to enter a place where an accused is believed to
be hiding. It balances legal authority with cultural sensitivity, particularly in cases involving
women who adhere to customary practices.

Example:

If a suspect locks themselves inside a house, the police may break open the door after
announcing their authority. If the house is occupied by women who follow purdah, the police
must give them a chance to leave before entering.

49. Power to Break Open Doors and Windows for Purposes of Liberation

Original Excerpt:

A police officer or person authorized to make an arrest may:

 Break open any outer or inner door or window to free themselves or others if they are
detained while attempting to make an arrest.

Commentary:

This section empowers law enforcement to use force to free themselves or others if they are
unlawfully confined while making a lawful arrest. It ensures the safety of officers and others
involved in the arrest process.

Example:

If a suspect locks a police officer inside a room while resisting arrest, the officer may break open
the door or window to escape.
50. No Unnecessary Restraint

Original Excerpt:

The person arrested shall:

 Not be subjected to more restraint than is necessary to prevent escape.

Commentary:

This section ensures that the use of force during an arrest is proportionate to the situation. It
prohibits unnecessary or excessive restraint, emphasizing the humane treatment of arrested
individuals.

Example:

If a suspect is cooperative and does not resist, the police cannot handcuff or restrain them
unnecessarily.

Table of Key Sections

Section Key Points Keywords

Arrest involves physical touch unless the person Arrest, touch, confine, submission,
46
submits. Force is limited to necessity. resist, necessary means, death

Occupants must allow entry and facilitate Search, arrest, free access,
47
searches if a suspect is believed to be inside. reasonable facilities, place

Entry can be forced if denied; cultural Ingress, break open, notice,

48
considerations for women are required. withdraw, zanana

Force may be used to liberate police officers or

49 Break open, liberate, detained, arrest
others detained while making an arrest.

Restraint must not exceed what is necessary to No unnecessary restraint, escape,

50
prevent escape. necessary

Key Takeaways:

1. Section 46: Explains the process of arrests, use of force, and its limitations.
 2. Section 47: Mandates cooperation from property occupants during searches.

3. Section 48: Authorizes forced entry when access is denied, with special provisions for
women.

4. Section 49: Allows the use of force to liberate officers or others detained during a lawful
arrest.

5. Section 50: Prohibits excessive or unnecessary restraint during arrests.

These sections highlight the balance between law enforcement authority and the rights of
individuals, ensuring arrests are conducted lawfully and fairly.

Study Notes for Law Students: "Search, Seizure, and Examination of Arrested Persons"

51. Search of Arrested Persons

Original Excerpt:

 When a person is arrested:

o Under a warrant without provision for bail, or where bail cannot be furnished.

o Without a warrant, or by a private person under a warrant.

 The officer making the arrest or the police officer (when a private person makes the
arrest) may:

o Search the arrested person.

o Place in safe custody all articles found on the person, except necessary wearing-
apparel.

Commentary:

This section allows law enforcement to search arrested individuals to ensure that no dangerous
items or evidence are concealed. Items like weapons, contraband, or evidence can be secured
for investigation. The arrested person retains their essential clothing to maintain dignity.

Example:
If a suspect is arrested under a warrant and found carrying a suspicious package, the officer can
seize it, place it in safe custody, and investigate its contents further.

52. Mode of Searching Women

Original Excerpt:

 If a woman needs to be searched:

o The search must be conducted by another woman.

o The search shall be carried out with strict regard to decency.

Commentary:

This section respects the privacy and dignity of women during searches. It mandates that only a
woman officer or a female authorized to perform the search can do so, ensuring the process is
conducted with decency and sensitivity.

Example:

If a female suspect is arrested at a checkpoint, a female officer must perform the search in a
private space, ensuring decency and respect.

53. Power to Seize Offensive Weapons

Original Excerpt:

 An officer or person making an arrest may:

o Seize any offensive weapons found on the arrested person.

o Deliver the seized weapons to the Court or officer the arrested person is
presented before.

Commentary:

This section ensures the safety of officers, the public, and the arrested person by removing
weapons from their possession. The seized weapons are treated as evidence and must be
submitted to the Court or investigating authorities.

Example:

If a suspect is arrested carrying a knife or firearm, the arresting officer must confiscate it and
submit it to the Court or investigating officer.
53A. Examination of Person Accused of Rape, etc., by Medical Practitioner

Original Excerpt:

1. When a person is arrested for:

o Rape, unnatural offense, or sexual abuse (or attempts thereof).

o And there are reasonable grounds to believe that an examination will provide
evidence.

o A registered medical practitioner employed by the Government or local

authority may:

 Conduct the examination.

 Use reasonable force if necessary.

2. The medical practitioner must:

o Examine the accused without delay.

o Prepare a report including:

 Name and address of the accused and the person presenting them.

 Age of the accused.

 Marks of injury, if any, on the accused.

 Material collected for DNA profiling.

 Other relevant details.

o Include the time of commencement and completion of the examination.

o Submit the report to the investigating officer, who forwards it to the Magistrate.

Commentary:

This section provides the legal basis for medical examinations in cases of sexual offenses. It
ensures that evidence is collected efficiently and in compliance with procedural safeguards. The
process requires timeliness, accuracy, and documentation to ensure fairness and justice.

Example:

If a person is arrested for rape, a government-registered medical practitioner can conduct a

DNA test or collect other physical evidence to establish a connection to the crime.
Table of Key Sections

Section Key Points Keywords

Arrested persons may be searched, and non- Search, arrest, warrant, bail, safe
51
essential items placed in safe custody. custody, necessary wearing-apparel

Women must be searched by another woman, Search, woman, decency, female

52
ensuring decency and dignity. officer

Arresting authorities may seize offensive Seize, offensive weapons, arrest,

53
weapons and submit them to the Court. Court

Medical practitioners may examine persons Examination, rape, sexual abuse,

53A accused of sexual offenses and prepare detailed medical practitioner, DNA profiling,
reports. report

Key Takeaways:

1. Section 51: Establishes procedures for searching arrested persons and handling items
found.

2. Section 52: Protects the dignity of women during searches.

3. Section 53: Ensures offensive weapons are seized for public and officer safety.

4. Section 53A: Details the process for medical examinations in cases of sexual offenses,
ensuring evidence is collected lawfully and efficiently.

These sections emphasize a balance between law enforcement authority and individual rights,
ensuring searches and examinations are conducted with fairness, decency, and proper
documentation.