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FAQ's ABOUT ARREST / BAIL
ARREST / BAIL
1.
Ans :
What is 'Arrest'?
As per Ballentine's Law Dictionary 1948 Ed.P.105, arrest means the taking, seizing, or detaining of the person of another, either by touching, or putting hands on him, or by any act which indicates an intention to take him into custody, and subjects the person arrested to the actual control and will of the person making the arrest.

Chapter V and section 41 to 59 of Criminal Procedure Code 1973, deals with Arrest of Persons.

As per section 41 (1) Cr.P.C, any police officer may, without an order from a Magistrate and without a warrant, arrest any person,
a) who has been concerned in any cognizable offence, or a reasonable complaint has been made, or credible information has been received or a reasonable suspicion exists; or
b) who has in his possession of any implement of house breaking; or
c) who has been proclaimed as an offender or
d) in whose possession anything is found which may reasonably be suspected to be stolen property; or
e) who obstructs a police officer while in the execution of his duty, or who has escaped, or attempts to escape, from lawful custody;
f) reasonably suspected of being a deserter from any of the Armed Forces.

As per section 42 of Cr.P.C., any person who, in the presence of a police officer, has committed or has been accused of committing a non-cognizable offence, refuses on demand of such officer to give his name and residence, can be arrested.

As per section 50 of Cr.P.C., person arrested without warrant has to be informed about the grounds of his arrest and about his entitlement regarding bail.

As per section 53 of Cr.P.C., when a person is arrested and if there are reasonable grounds for believing that an examination of his person will afford evidence as to the commission of an offence, it shall be lawful for a registered medical practitioner, acting at the request of a police officer not below the rank of sub-inspector (and for any person acting in good faith in his aid and his direction), to make such an examination of a person arrested as is reasonably necessary, and to use such force as is reasonably necessary for that purpose.
2.
Ans :
Do I need license for public show of cinema?
Yes. You have to obtain a temporary performance license from concerned licensing authority (C.P./D.M.).
3.
Ans :
Do I need license/ permission for dramatic/mimetic/musical performances?
Yes. You have to obtain a temporary performance/premises license from concerned licensing authority (C.P./D.M.).
4.
Ans :
Do I need to take permission for organizing a morcha/dharna/public meeting or rally?
Yes. You need to take permission for taking out a morcha/ dharna/ organising public meeting or rallies from concerned Commissioner of Police or District Magistrate.
5.
Ans :
Do I need a license for consumption / possession of Liquor?
Yes, you need to take license for consumption / possession of Liquor from concerned Commissioner of Police or District Magistrate.
The above terms and conditions are subject to change as per State Government rules and amendments made by the Licencing Authority from time to time. The Licencing Authority may ask for any other necessary documents if required other than mentioned above.
 
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