[Rev. 2012]
Criminal Procedure Code
CAP. 75
(3) Where under subsection (2) the sentence passed for the first offence under
subsection (1) takes effect the sentence passed for the subsequent offence shall
run consecutively to the sentence passed for the first offence.
[Act No. 7 of 1990, s. 4.]
16. Repealed by Act No. 17 of 1967, s. 25.
17. Repealed by Act No. 17 of 1967, s. 25.
18. Repealed by Act No. 17 of 1967, s. 25.
19. Repealed by Act No. 17 of 1967, s. 25.
20. Repealed by Act No. 17 of 1967, s. 25.
PART III – GENERAL PROVISIONS ARREST, ESCAPE AND RETAKING
Arrest Generally
21. Arrest
(1) In making an arrest the police officer or other person making it shall actually
touch or confine the body of the person to be arrested, unless there be a submission
to custody by word or action.
(2) If a person forcibly resists the endeavour to arrest him, or attempts to evade
the arrest, the police officer or other person may use all means necessary to effect
the arrest.
(3) Nothing in this section shall justify the use of greater force than was
reasonable in the particular circumstances in which it was employed or was
necessary for the apprehension of the offender.
22. Search of place entered by person sought to be arrested
(1) If any person acting under a warrant of arrest, or any police officer having
authority to arrest, has reason to believe that the person to be arrested has entered
into or is within any place, the person residing in or being in charge of that place
shall, on demand of the person so acting or the police officer, allow him free ingress
thereto and afford all reasonable facilities for a search therein.
(2) If ingress to a place cannot be obtained under subsection (1), it shall be
lawful in any case for a person acting under a warrant, and in any case in which
a warrant may issue but cannot be obtained without affording the person to be
arrested an opportunity to escape, for a police officer to enter the place and search
therein, and, in order to effect an entrance into the place, to break open any outer
or inner door or window of a house or place, whether that of the person to be
arrested or of another person, or otherwise effect entry into the house or place,
if after notification of his authority and purpose, and demand of admittance duly
made, he cannot otherwise obtain admittance:
Provided that if any such place is an apartment in the actual occupancy of a
woman (not being the person to be arrested) who, according to custom, does not
appear in public, the person or police officer shall, before entering the apartment,
give notice to the woman that she is at liberty to withdraw, and shall afford her
every reasonable facility for withdrawing, and may then break open the apartment
and enter it.
C44 - 21
[Issue 1]
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