36 Arresting wrong person (1) Any person duly authorized to execute a warrant of arrest who thereupon arrests a person, believing in good faith and on reasonable and probable grounds that he is the person named in the warrant, shall be protected from responsibility to the same extent and subject to the same provisions as if the person arrested had been the person named in the warrant. (2) Any person called on to assist the person making such arrest and believing that the person in whose arrest he is called on to assist is the person for whose arrest the warrant was issued, and every officer in charge of a prison who is required to receive and detain such person, shall be protected to the same extent and subject to the same provisions as if the arrested person had been the person named in the warrant. 37 Irregular warrant or process Any person acting under a warrant or process which is bad in law, on account of a defect in substance or in form apparent on the face of it, shall, if he in good faith and without culpable ignorance and negligence believes that the warrant or process is good in law, be protected from responsibility to the same extent and subject to the same provisions as if the warrant or process were good in law, and ignorance of the law shall in such case be an excuse: Provided that it shall be a question of law whether the facts of which there is evidence may or may not constitute culpable ignorance or negligence in his so believing the warrant or process to be good in law. 38 Tenor of warrant Any warrant issued under this Act shall be to apprehend the person described therein and to bring him before a judicial officer as soon as possible upon a charge of an offence mentioned in the warrant. C. General 39 Assistance by private persons called on by officers of the law (1) Every male inhabitant of Zimbabwe between the ages of sixteen and sixty is, when called upon by any police officer, authorized and required to assist that police officer in making any arrest which by law that police officer is authorized to make of any person charged with or suspected of the commission of any offence, or to assist that police officer in retaining the custody of any person so arrested. (2) Any inhabitant of Zimbabwe who, without sufficient excuse, refuses or fails to assist when called upon to do so shall be guilty of an offence and liable to a fine not exceeding level four or to imprisonment for a period not exceeding three months or to both such fine and such imprisonment. Subsection amended by section 4 of Act 22 of 2001.] 40 Breaking open of doors after failure in obtaining admission for purpose of arrest or search It shall be lawful for any peace officer or private person, who by law is authorized to arrest any person known or suspected to have committed any offence, to break open for that purpose the doors and windows of, and to enter and search, any premises in which the person whose arrest is required is known or suspected to be: Provided that such officer or private person aforesaid shall not act under this section— (a) if directions, whether general or specific, to the contrary have been given to him by a superior officer or other person placed in authority over him; (b) unless he has previously failed to obtain admission after having audibly demanded admission and notified the purpose for which he seeks to enter such premises. 41 Arrest—how made, and search thereon of person arrested (1) In making an arrest, the peace officer or other person authorized to arrest shall actually touch or confine the body of the person to be arrested, unless there is a submission to the custody by word or action. (2) A peace officer or other person arresting any person under this Part may search that person, and shall place in safe custody all articles, other than necessary wearing apparel, found on him. (3) Any peace officer may take or cause to be taken the finger-prints, palm-prints, footprints and photographs of any person arrested upon any charge, and the medical officer of any prison or any medical officer of the Ministry responsible for health or any peace officer may take or cause to be taken such steps, including any blood test, as he may think necessary in order to ascertain whether or not the body of any such person bears any mark, characteristic or distinguishing feature or shows any condition or appea rance: Provided that a blood test shall only be made by a medical officer at the request in writing of a police officer of or above the rank of superintendent and in order to ascertain some fact which is material to the investigation of the charge upon which such person has been arrested. (4) When it is desired to search or examine the body of a woman in terms of this section, such search or examination, unless made by a medical officer, shall be made only by a woman and shall be conducted with strict regard to decency and, if there is no woman available for such search or examination who is a police officer or a prison officer, the search or examination may be made by any woman specially named for the purpose by a peace officer.