Dec 27, 2017
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When are Indian police allowed to arrest without a warrant? (As per Code of Criminal Procedure, 1973)

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Indian police allowed to arrest without a warrant

Any police officer may without an order from a Magistrate and also without a warrant, arrest any person. Section 41  deals with police may arrest without warrant.  A written order issued and also signed by a magistrate, directed to police officer or some other person specially named, to arrest the accused of an offence. It is warrant to arrest.

Any police officer may without an order from a Magistrate and also without a warrant, arrest any person who / whose :

  1. has reasonable complaint against or Information received against or there exist reasonable doubt;
  2. has possession of any implement or tool of house breaking without lawful excuse;
  3. declared as an criminal either under this Code or by order of the State Government; or
  4. has possession of any stolen property and
  5. may also reasonably suspected  commitment of an offence with stolen property or;
  6. stop a police officer while performing his duty, or
  7. who has escaped, or attempts to escape, from lawful custody; or
  8. reasonably suspected deserter from any of the Armed Forces of the Union; or
  9. has reasonable complaint against or Information received against or there exist reasonable doubt, and such act committed out of India which, if committed in India, would punishable as an offence, and for which he is, under any law relating to extradition, or otherwise, detained in custody in India; or
  10. treated as released convict, commits a breach of any rule made under sub-section (5) of section 356; or
  11. arrest any order, written or oral, received from another police officer, provided that the order specified 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.

In Section 151, police officer can arrest any person without warrant if he finds that such can commit a cognizable offence. Such offence can not prevented. It also necessary to emphasis the width of the power. Such assumption, for prevention of offence, is objective in India. Therefore, wrongful detention can put police officer in trouble. There are many risks involved in doing so.

Constitutional protection

Clause (1) of Article 22 of the Constitution which is one of the fundamental rights. It declares that “no person who is arrested be detained in custody without information. Person arrested also has right to consult and defended by legal practitioner of his choice. Clause (2) of Article 22 says that every person arrested and also detained in custody, produced before the nearest magistrate within a period of 24 hours of such arrest. The period excludes course of time necessary to the court of magistrate from the place of arrest . It also declares that person can not detained in custody beyond period of 24 hours  without the authority of a magistrate. Clause (3) of Article 22 however provides that clauses (1) and (2) not apply to an enemy-alien or to a person arrested under any law providing for preventive detention.

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