Can A Person Be Arrested Without Arrest Warrant?
Can a person be arrested without arrest warrant?
Free Legal Advice - criminal law
Posted by: Aradhana Tiwari
Posted on: 2018-08-27
If there exists a probable cause compelling a person to believe that someone has committed a crime, they can with exceptions, make an arrest without the warrant from a judge. Section 41 of CrPc deals with the following circumstances where an arrest without warrant can be made. (i)Any person who has been concerned in any cognizable offence, or if a reasonable complaint has been made against him, or if credible information has been received or a reasonable suspicion exists of his having been so concerned (ii) Any person who has in his possession, without any lawful excuse, any implement of house-breaking; or (iii) Any person who has been proclaimed as an offender, either under the Criminal Procedure Code or by any order of the State Government; or (iv) Any person in whose possession anything is found, which may reasonably be suspected to be stolen property, or (v) Any person who obstructs a Police Officer while in the execution of his duty, or any person who has escaped, or attempts to escape from lawful custody; (vi) Any person who is reasonably suspected of being a deserter from any of the Armed Forces of the Union; or (vii) Any person who is concerned in any act committed at any place outside India, which if committed in India, would be punishable as an offence, and for which he is liable to be apprehended or detained in custody in India under the law of extradition; or (viii) Any person who is a released convict, and who has committed a breach of any rule made under S. 356(5) of the Code; or (ix) Any person for whose arrest any requisition (whether written or oral) has been received from another Police Officer for the arrest of that person; (x) When non-cognizable offence is committed in the presence of a Police Officer and the person committing the offence refuses to give his true name and residence; (xi) Any person who is a robber, thief, house-breaker, habitual receiver of stolen property, habitual kidnapper or abductor. (However, an arrest under this clause can be made only by an Officer-in-charge of a Police Station.)
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