Question

Arrange the stages of arrest procedure under the Code of Criminal Procedure.
A. Production before the Magistrate
B. Right to legal aid
C. Informing grounds of arrest
D. Detention in police custody
Choose the correct answer from the options given below:

• A. \( A \rightarrow B \rightarrow C \rightarrow D \)
• B. \( A \rightarrow C \rightarrow D \rightarrow B \)
• C. \( C \rightarrow D \rightarrow A \rightarrow B \)
• D. \( C \rightarrow B \rightarrow D \rightarrow A \)

Hint:

No person can be detained by police for more than 24 hours without being produced before a Magistrate.

Answer 1

The Correct Option is C

Concept:

• Arrest is a serious deprivation of liberty, and the Code of Criminal Procedure (CrPC) provides several safeguards to the arrested person.
• These steps follow a constitutional and statutory sequence to ensure the legality of the detention.

Step 1: Identify the first step of arrest
Under Section 50 of the CrPC and Article 22(1) of the Constitution, the very first step during an arrest is Informing the grounds of arrest. An arrest is illegal if the grounds are not communicated to the person. Thus, C is first.

Step 2: Identify the communication of rights
Immediately upon arrest, under Section 41D and the D.K. Basu guidelines, the person has a Right to legal aid and the right to consult a legal practitioner of their choice. They must also be informed of their right to bail if the offense is bailable. Thus, B follows C.

Step 3: The period of detention
After arrest and informing of rights, the person is held in Detention in police custody during the process of travel and initial documentation at the station. Thus, D follows B.

Step 4: The final mandatory step
Under Section 57 of the CrPC and Article 22(2), an arrested person must be Produced before a Magistrate within 24 hours (excluding travel time). This is the judicial check on police power. Thus, A is the final step in this sequence.

Step 5: Verify the sequence
The logical sequence is Informing Grounds (C) $\rightarrow$ Informing Rights/Legal Aid (B) $\rightarrow$ Custody (D) $\rightarrow$ Production (A). This matches option (D).