The term "arrest" has not been defined in either the Indian Penal Code (IPC) or the Code of Criminal Procedure (CrPC) . However, Section 46 of the CrPC deals with "How an arrest is made" and provides an indication of what constitutes an arrest. Broadly, an arrest can be categorized into four types:

• Arrest made in pursuance with a warrant issued by the magistrate.
• Arrest without a warrant.
• Arrest by a private person.
• Arrest by a magistrate.

Section 41(2) of the CrPC states that a person cannot be arrested without a warrant and an order of the magistrate in case of non-cognizable offenses and where a complaint is made. The procedures to be followed while arresting a person are mentioned in Section 46 of the Code. The police officer or any person arresting without a warrant is required to inform the person arrested about the grounds of the offense for the arrest. If the arrest is made under a warrant, the police officer is required to inform the person arrested about the substance of the arrest and, if required, to show the order. If this is not done, the arrest will become unlawful.

The elements of an arrest are restraint of liberty, intent to make an arrest, and comprehension by the detainee that they are under arrest. An arrested person has the right to know the grounds of arrest, the right to be informed of the offense for which they are being arrested, and the right to be produced before a magistrate within 24 hours of arrest. Under Section 50 of the CrPC, an arrested person has the right to inform a family member, relative, or friend about their arrest. The police authority ensures that arrests must be just and fair and must not be oppressive.