A person may be arrested for committing an alleged offence. The right to liberty as envisaged by the constitution is safeguarded by various procedures to be followed by the Police.

Any police officer may without an order from a magistrate and without a warrant, arrest any person

•	Who has been concerned in any cognizable offence like murder, causing hurt, kidnapping etc, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been so concerned; or
•	Who has in his possession without lawful excuse, the burden of proving which excuse shall lie on such person, any implement of house-breaking, or
•	Who has been proclaimed as an offender either under this Code or by order of the State Government; or
•	Who is in whose possession anything is found which may reasonably be suspected to be stolen property and who may reasonably be suspected of having committed an offence with reference to such thing; or
•	Who obstructs a police officer while in the execution of his duty, or who has escaped, or attempts to escape, from lawful custody; or
•	Who is reasonably suspected of being a deserter from any of the Armed Forces of the Union; or
•	Who has been concerned in, or against whom reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been concerned in, any act committed at any place out of India which if committed in India, would have been punishable as an offence, an for which he is, under any law relating to extradition, or otherwise liable to be apprehended or detained in custody in India; or
•	Who, being a released convict, commits a breach of any rule, made under sub-section (5) of section 365; or
•	For whose arrest any requisition, whether written or oral, has been received from another police officer, provided that the requisition specifies the person to be arrested and the offence or other cause for which the arrest is to be made and it appears therefrom that the person might lawfully be arrested without a warrant by the officer who issued the requisition.

Every police officer arresting without warrant shall communicate to the person being arrested, full particulars of the offence for which he is arrested or other grounds of arrest.

Where a police officer arrests without warrant a person accused of a bailable offence, he shall inform the person arrested that he entitled to be released on bail and that he may arrange for surety on his behalf.

Whenever a person is arrested but the person arrested cannot furnish bail, the officer making the arrest may search such person, and place in safe custody all articles, other than necessary wearing apparel found upon him and where any article is seized from the arrested person, a receipt showing the article taken in possession shall be given to such person.

A police officer making an arrest without warrant shall, without unnecessary delay and subject to the provisions for bail, take or send the person arrested before Magistrate having jurisdiction of the case, or before the officer in charge of a police station

In case of bailable offence the police has power to grant bail, but after the challans are filed in court, the accused person has to fill the prescribed bail bond in order to get regular bail from court.

A PERSON ARRESTED HAS A LEGAL AND CONSTITUIONAL ENTITLEMENTO INFORM HIS RELATIONS THAT HE HAS BEEN DETAINED.

POLICE CUSTODY/DURATION

The police cannot keep any person arrested for any alleged offence for more than twenty-four hours. Within 24 hours the police is legally duty-bound to produce the said arrested person before the nearest magistrate under whose jurisdiction the alleged offence has been committed. In case the police fails to produce him within the prescribed period of 24 hours, the detention will amount to an illegal detention, and on moving a habeas corpus writ petition, he has to be set at liberty at once. There have been instances, where police has kept persons in their custody for more than 24 hours, and on filing a writ petition they have been ordered to be released.

1.	The moment any person is arrested by the police he has a right to know the offence alleged to have been committed by him;
2.	It is the duty of the police officer on the spot to inform the nearest relations of the accused person about his arrest
3.	If a person is arrested for a bailable offence, he is entitled to be released forthwith on bail at the police station itself as a matter of right on furnishing a bail bond of reasonable amount.
4.	A person cannot be detained in police custody for more than 24 hours

Bail commonly means release on one’s own bond, with or without sureties. Every accused person is presumed to be innocent until proved guilty The effect of granting bail is not to set the accused free, but to release him from custody and to entrust him to the custody of his sureties who are bound to produce him to appear at his trial at a specified time and place.

The offences committed by an accused fall under two categories:

detained without warrant by an officer in charge of a police station, or appears or is brought before a Court, and

is prepared at any time while in the custody of such officer or at any stage of the proceeding before such Court to give bail, such person shall be released on bail.

If such officer or Court, thinks it fit such person maybe released on a personal bond without sureties. In case of bailable offence, one has to only file the bail bonds and no application is required.

In case a person is accused of a non-bailable offence it is a matter of discretion of the court to grant or refuse bail and and application has to be made in court to grant bail.

Provided that the Court may direct that a person referred to in clause (i) or clause (ii) as above, be released on bail if such person is under the age of sixteen years or is a woman or is sick or infirm:

Provided further that the Court may also direct that a person referred to in clause (ii) be released on bail if it is satisfied that it is just and proper so to do for any other special reason:

Provided also that the mere fact that an accused may be required for being identified by witnesses during investigation shall not be sufficient ground for refusing to grant bail if he is otherwise entitled to be released on bail and gives an undertaking that he shall comply with such directions as may be given by the Court.

2. If it appears to such officer or Court at any stage of the investigation; inquiry or trial, as the case may be, that there are not reasonable grounds for believing that the accused has committed non-bailable offence, but that there are sufficient grounds for further inquiry into his guilt, the accused shall, subject to the provision of section 446-A and pending such inquiry, be released on bail or, at the discretion of such officer or Court, on the execution by him of a bond without sureties for his appearance as hereinafter provided.

3. When a person accused or suspected of the commission of an offence punishable with imprisonment which may extend to seven years or more or of an offence under Chapter 6, Chapter 16 or Chapter 17 of the Indian Penal Code (45 of 1860) or abetment of, or conspiracy or attempt to commit, any such offence, is released on bail under sub-section (!), the Court may impose any condition which the Court considers necessary-

4. An officer or a Court releasing any person on bail under sub-section (1) or sub-section (2), shall record in writing his or its reasons or special reasons for so doing.

5. Any Court, which has released a person on bail under sub-section (1) or sub-section (2), may, if it considers it necessary so to do, direct that such person be arrested and commit him to custody.

6. If, in any case triable by a Magistrate, the trial of a person accused of any non-bailable offence is not concluded within a period of sixty days from the first date fixed for taking evidence in the case, such person shall, if he is if custody during the whole of the said period, be released on bail to the satisfaction of the Magistrate, unless for reasons to be recorded in writing, the Magistrate otherwise directs.

7. If, at any time after the conclusion of the trial of a person accused of a non-bailable offence and before judgment is delivered, the Court is of opinion that there are reasonable grounds for believing that the accused is not guilty of any such offence, it shall release the accused if he is in custody, on the execution by him of a bond without sureties for his appearance to hear judgment delivered

For non-bailable offence one has to move an application setting out the grounds for the grant of bail. In case the court is convinced that bail should be granted it passes the order after hearing the arguments. At that stage one has to fill in the bail bond duly signed by the surety and to be filled through his advocate. In case the accused is before the court, he is set at liberty in the court itself and in case the accused is under detention in the jail, orders of grant of bail are sent to the concerned jail,

To get oneself released on bail in bailable or non-bailable offences one has to file the bail bond The bail bond is filed by the surety who takes the responsibility for producing the accused person in the court or before the investigating agency. Any person who has the capacity, control and competence to produce the accused in case of non-appearance or to pay the amount of the surety can be accepted by the court for the purpose.

In some cases while granting bail the court directs for personal bond as well as security in cash. .

The amount of every bond executed shall be fixed with due regard to the circumstances of the case.

A High Court or Court of Session may direct that any person who has been released on bail be arrested and commit him to custody on an application filed by the complainant or the prosecution.

Anticipatory bail is a direction to release a person on bail, issued even before the person is arrested.

When any person apprehends that there is a move to get him arrested on false or trump up charges, or due to enmity with someone, or he fears that a false case is likely to be built up against him,

He has the right to move the court of Session or the High Court under section 438 of the code of Criminal Procedure for grant of bail in the event of his arrest, and the court may, if it thinks fit, direct that in the event of such arrest, he shall be released on bail.

The High Court or the Court of Session may include such conditions in the light of the facts of the particular case, as it may think fit, including:

If such person is thereafter arrested, and is prepared either at the time of arrest or at any time while in the custody of such officer to give bail, he shall be released on bail and the magistrate taking cognizance of such offence decides that warrant should be issued against that person, he shall issue a bailable warrant in conformity with the direction of the court granting anticipatory bail.

The applicant must show by disclosing special facts and events that he has reason to believe, that he may be arrested for a non-bailable offence so that the court may take care to specify the offence or offences in respect of which alone the order will be effective and it is not a blanket order covering all other offences.

An accused is free on bail as long as the same is not cancelled. The High Court or Court of Session may direct that any person who has been released on bail be commit him to custody on an application moved by the complainant or the prosecution.

F.I.R. is the abbreviated form of First Information Report. It is the information recorded by the police officer on duty, given either by the aggrieved person or any other person about the commission of an alleged offence. On the basis of the F.I.R. the police commences its investigation.

Any person can file an F.I.R. He need not be the aggrieved person. It may be merely hearsay and need not be by the person who has had firsthand knowledge of the facts.

An F.I.R. can be filed in the police station of the concerned area in whose jurisdiction the offence has occurred. It must be made to the officer-in-charge of the police station and if he is not available the Assistant Sub Inspector is competent to enter upon the investigation

When a wrong has been committed and the aggrieved person or any other person wants to file a F.I.R. it shall be filed in the following manner.

1.	Go to the police station and meet the officer-in-charge.
2.	Step by step in an orderly sequence narrate to the officer every information relating to the commission of the offence.
3.	The officer shall reduce the information given in writing.
4.	The information given shall be signed by the person giving it.
5.	The information given shall be entered in a book to be kept by the officer.

If the officer in charge refuses to record the information, the information may be sent in writing and by post, to the Superintendent of Police concerned who, if satisfied that such information discloses the commission of a cognizable offence, shall either investigate the case himself or direct an investigation to be made by any police officer subordinate to him.

Once the F.I.R. has been registered the investigation in the case shall begin.

In criminal proceedings once a Police Officer receives information about the commission of an offence he is entitled to start investigation of the matter. Investigation includes all the proceedings of collection of evidence conducted by a police officer or by any person who is authorized by the Magistrate in his behalf.

A summon is a court order to an individual to appear in court at a specified time and place. A summon may be issued in both criminal and in civil cases.

a.	Every summon shall be served by a police officer, or by an officer of the court issuing it or any other public servant.
b.	The summon shall if practical, be served personally on the person summoned, by delivering or tendering to him one of the duplicates of the summons.
c.	Every person on whom a summon is served shall sign a receipt on the back of the other duplicate.

Where the persons summoned cannot be found, the summons may be served by leaving one of the duplicates for the person with some adult male member of the family residing with him, and the person with whom the summon is left, shall sign a receipt on the back of the duplicate.

A servant is not a member of the family.

A court issuing summons to a witness may simultaneously direct a copy of the summons to be served by registered post addressed to the witness. When an acknowledgment purporting to be signed by the witness or an endorsement is made by the postal employee that the witness refused to take delivery of the summons has been received, the Court issuing the summons may declare that the summons has been duly served.

In case the service of summons is evaded the court may issue bailable or non-bailable warrants.

PROCLAMATION FOR PERSON ABSCONDING

If any court has reason to believe that any person against whom a warrant has been issued has absconded or is concealing himself so that such warrant cannot be executed, such court may publish a written proclamation requiring him to appear at a specified place and time within 30 days of publishing such proclamation.

The Court issuing a proclamation may, at any time after the issue of the proclamation, order the attachment of any property, movable or immovable or both, belonging to the proclaimed person:

Provided where at the time of issue of the proclamation the Court is satisfied that the person in relation to whom the proclamation is to be issued –

it may order the attachment simultaneously with the issue of the proclamation.