www.Aaptaxlaw.com
 
 
 
 
 

Can a person be arrested without warrant by Police? Yes. Arrest on refusal to give name and address, arrest by Private Persons, Arrest by Magistrate. Section 41, 42, 43, 44 of CRPC Code of Criminal Procedure 1973

There are some circumstances in which a Police officer can arrest a person without a Warrant.

Section 41 of CRPC- When police may arrest a person without a warrant

As per Section 41 the following are the circumstances in which a Police officer can arrest a person without a warrant. Provisions in the Code of Criminal Procedure 1973 are:

(1)    Any police officer may without an order from a Magistrate and without a warrant, arrest any person-

(a)      who has been concerned in any cognizable offence, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been so concerned; or

 

(b)      who has in his possession without lawful excuse, the burden of proving which excuse shall lie on such person, any implement of house-breaking; or

(c)      who has been proclaimed as an offender either under this Code or by order of the State Government; or

(d)      in whose possession anything is found which may reasonably be suspected to be stolen property and who may reasonably be suspected of having committed an offence with reference to such thing; or

(e)      who obstructs a police officer while in the execution of his duty, or who has escaped, or attempts to escape, from lawful custody; or

(f)      who is reasonably suspected of being a deserter from any of the Armed Forces of the Union; or

(g)      who has been concerned in, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been concerned in, any act committed at any place out of India which, if committed in India, would have been punishable as an offence, and for which he is, under any law relating to extradition, or otherwise, liable to be apprehended or detained in custody in India; or

(h)      who, being a released convict, commits a breach of any rule made under sub-section (5) of section 356; or

 

(I)      for whose arrest any requisition, whether written or oral, has been received from another police officer, provided that the requisition specifies the person to be arrested and the offence or other cause for which the arrest is to be made and it appears therefrom that the person might lawfully be arrested without a warrant by the officer who issued the requisition.(2)      Any officer in charge of a police station may, in like manner, arrest or cause to be arrested any person, belonging to one or more of the categories of persons specified in section 109 or section 110.

Section 42 of CRPC- Arrest on refusal to give name and residenceThe police have the power to arrest a person if he refuses to give correct name and residential address. Police can arrest him to identify the actual place of residence. If it is a non cognizable offence, he may get bail by completing necessary formalities or with the help of sureties. Provisions in the Code of Criminal Procedure 1973 are:

Section 42(1) of CRPC - Arrest of a person who does not give name and address
When any person who, in the presence of a police officer, has committed or has been accused of committing a non-cognizable offence refuses, on demand of such officer, to give his name and residence or gives a name or residence which such officer has reason to believe to be false, he may be arrested by such officer in order that his name or residence may be ascertained.

Section 42(2) of CRPC - Release of a person arrested
When the true name and residence of such person have been ascertained, he shall be released on his executing a bond, with or without sureties, to appear before a Magistrate if so required:Provided that, if such person is not resident in India, the bond shall be secured by a surety or sureties resident in India

Section 42(3) CRPC - Person should be produced before the nearest magistrate within 24 Hours
Should the true name and residence of such person not be ascertained within twenty-four hours from the time of arrest or should he fail to execute the bond, or, if so required, to furnish sufficient sureties, he shall forthwith be forwarded to the nearest Magistrate having jurisdiction.

Section 43 of CRPC- Arrest by Private person and procedure on such arrest
A private person also has the authority to arrest a person in some cases. A private person has full power to arrest a person in the following cases. Provisions in the Code of Criminal Procedure 1973 are:

Section 43(1) of CRPC  
Any private person may arrest or cause to be arrested any person who in his presence commits a non-bailable and cognizable offence, or any proclaimed offender, and, without unnecessary delay, shall make over or cause to be made over any person so arrested to a police officer, or, in the absence of a police officer, take such person or cause him to be taken in custody to the nearest police station.

Section 43(2) of CRPC
If there is reason to believe that such person comes under the provisions of section 41, a police officer shall re-arrest him.

Section 43(3) of CRPC  
If there is reason to believe that he has committed a non-cognizable offence, and he refuses on the demand of a police officer to give his name and residence, or gives a name or residence which such officer has reason to believe to be false, he shall be dealt with under the provisions of section 42; but if there is no sufficient reason to believe that he has committed any offence, he shall be at once released.

Section 44 CRPC- Arrest by Magistrate
A Magistrate has Judiciary Power and can arrest any person in the following circumstances. Provisions related to arrest by Magistrate in Code of Criminal Procedure 1973 are:

Section 44(1) of CRPC
When any offence is committed in the presence of a Magistrate, whether Executive or Judicial, within his local jurisdiction, he may himself arrest or order any person to arrest the offender, and may thereupon, subject to the provisions herein contained as to bail, commit the offender to custody. 

Section 44(2) of CRPC  
Any Magistrate, whether Executive or Judicial, may at any time arrest or direct the arrest, in his presence, within his local jurisdiction, of any person for whose arrest he is competent at the time and in the circumstances to issue a warrant.

 

ARREST OF PERSONS

Section 45 and 46 of Code of Criminal Procedure 1973 - What is Protection of members of the Armed Forces from arrest? Arrest how made?

Section 47 and 48 of Code of Criminal Procedure 1973 - What is Search of place entered by person sought to be arrested? What is Pursuit of offenders into other jurisdictions?

Section 49,50 and 51 of Code of Criminal Procedure 1973 - What is No unnecessary restraint? What is Person arrested to be informed of grounds of arrest and of right to bail? What is Search of arrested person?

Section 52, 53 and 54 of Code of Criminal Procedure 1973 - What is Power to seize offensive weapons? What is Examination of accused by medical practitioner at the request of police officer? What is Examination of arrested person by medical practitioner at the request of the arrested person?

Section 55, 56 and 57 of Code of Criminal Procedure 1973 - What is Procedure when police officer deputes subordinate to arrest without warrant? What is Person arrested to be taken before Magistrate or officer in charge of police station? Person arrested not to be detained more than twenty-four hours?

Section 58, 59 and 60 of Code of Criminal Procedure 1973 - What is Police to report apprehensions? What is Discharge of person apprehended? What is Power, on escape, to pursue and retake?

 

Home     About Us     Privacy Policy     Disclaimer    Contact Us  Sitemap