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Defence Act, 1957 (Act No. 44 of 1957)

Schedules

First Schedule

52. Arrest

 

 

(1) Any person who in the presence of his superior officer commits or who is on reasonable grounds suspected by his superior officer of having committed an offence under this Code, may be arrested or ordered into arrest by such superior officer.

 

(2) Any person who is engaged in any mutiny or riotous or unseemly behaviour or who commits treason, murder, rape or culpable homicide or any offence under section 4 of this Code or any other prescribed offence, may be arrested by any person subject to this Code in whose presence he or she is so engaged or commits any such offence: Provided that an officer shall not be liable to arrest by any person other than an officer.

[Subsection (2) amended by section 6 of Act No. 105 of 1997]

 

(3) Any person who in terms of this section arrests any other person or orders any other person into arrest, shall forthwith inform the person arrested or ordered into arrest of the cause of the arrest.