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Arrest


An arrest is the act of depriving people of their liberty, usually in relation to an investigation or prevention of a crime, and thus detaining the arrested person in a procedure as part of the criminal justice system.

Police and various other bodies have powers of arrest. In some places, the power is more general; for example in England and Wales, any person can arrest "anyone whom he has reasonable grounds for suspecting to be committing, have committed or be guilty of committing an indictable offence," although certain conditions must be met before taking such action.

The word "arrest" is Anglo-Norman in origin, derived from the French word arrêt meaning 'to stop or stay' and signifies a restraint of a person. Lexicologically, the meaning of the word arrest is given in various dictionaries depending upon the circumstances in which word is used. There are numerous slang terms for being arrested throughout the world. In British slang terminology, the term "nicked" is often synonymous with being arrested, and "nick" can also refer to a police station, and the term "pinched" is also common. In the United States and France the term "collared" is sometimes used. The term "lifted" is also heard on occasion.

According to Indian law, no formality is needed during the procedure of arrest. The arrest can be made by a citizen, a police officer or a Magistrate. The police officer needs to inform the person being arrested the full particulars of the person's offence and that they are entitled to be released on bail if the offence fits the criteria for being bailable.

When there exists probable cause to believe that a person has committed a minor crime, such as petty theft, driving on a suspended license, or disturbing the peace, law enforcement agents typically issue the individual a citation but do not arrest them. The person must then appear in court on the date provided on the citation. Prior to the court date, the prosecution will decide whether to file formal criminal charges against the individual. When the accused appears in court, they will be advised if formal criminal charges have been filed. If charges are filed, they will be asked to plead guilty or not guilty at the initial court hearing, which is referred to as the arraignment.


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