Definition Of Arrest
Section 1. Definition of Arrest
ARREST
- It is the taking of a person into custody in order that he may be
bound to answer for the commission of an offense.
The application of actual force, manual touching of the body, physical
restraint or formal declaration of arrest is not required. Arrest
includes submission to the custody of the person making the arrest.
Section 2. Arrest; how made
MODES OF ARREST:
1. Arrest by virtue of a warrant
2. Arrest without a warrant under exceptional circumstances as may be
provided by statute
ESSENTIAL REQUISITES OF A VALID WARRANT OF ARREST:
1. It must be issued upon probable cause which must be determined
personally by a judge after examination under oath or affirmation
of the complainant and the witnesses he may produce.
2. The warrant must particularly describe the person to be seized.
A warrant of arrest has no expiry date. It remains valid until arrest
is effected or the warrant is lifted.
Section 3. Duty of arresting officer
1. Arrest the accused
2. Deliver him to the nearest police station or jail without
unnecessary delay.
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