Arrest Procedure in Pakistan:
The criminal procedure code gives the complete arrest procedure in Pakistan. The law tells in detail who can be arrested, when he can be arrested, and what the formalities the police have to fulfill while arresting a person are. Generally, an arrest warrant in Pakistan is required to arrest a person. Can police arrest without warrants? The answer is yes, the police can also arrest without warrants. It is the duty of the police to maintain law and order, but at the same time, the law provides the rights of arrested persons also. Below is the arrest procedure in Pakistan given in the law.
- Police can touch: It is not necessary for the police to touch the accused person. If the accused, through his words or actions, surrenders himself to the police, then there is no need to touch the accused. Without touching, the accused will also be deemed to be arrested.
- Confine: The police can confine the accused after his arrest. The accused is required to be kept in the police lockup in safe custody. The police have the right to confine the accused after his arrest.
- Enter residence: The police can also enter the residence under two conditions. Either they have the search warrants or the crime is happening at that time at that place.
- Break open the house: If the accused is resisting his arrest from the police and hiding in the house, then the police will not wait for the warrants. The police will break open the house and enter the house.
- Use force: The police can also use reasonable force to arrest the accused. The force that can be used should be reasonable. What force will be considered reasonable will be determined separately in each situation. If a person is not resisting his arrest, then no force should be used. If the police still use the force, then such force will be considered illegal and against the arrest procedure in Pakistan.
Arrest Warrant in Pakistan:
Generally, an arrest warrant in Pakistan is required by the police to arrest someone, but in case the offense is happening in the presence of the police or there is apprehension that the accused will skip away and it will be difficult for the police to arrest him again, then the arrest procedure in Pakistan requires that the accused should be arrested without warrants. The police can also arrest the accused without warrants in any cognizable offense.
Right of Arrested Person:
Where the police have the right to arrest the accused, the accused also has some rights given by the law. The law provides the below rights to the accused during the arrest procedure in Pakistan.
- Inform the reason for arrest: The police are bound to inform the reason for arrest to the accused. The accused should be informed why he is being arrested.
- Give the right to consult a lawyer: The accused should be given the right to speak to a lawyer in Pakistan when he is arrested.
- Produce before a magistrate: The accused should be produced before the magistrate within 24 hours of his arrest.
For details, you may consult our law firm in Lahore, Pakistan. You may also read our other blogs on court marriage in Pakistan, online marriage in Pakistan, unmarried certificate in Pakistan, and the Khula procedure in Pakistan.
