Can police arrest without a warrant?
Howdy readers, today I am going to tell that can police arrest without warrant in India?
Although, police can’t arrest without a warrant but there are some provisions under the Criminal Procedure Code (cr.p.c) when police can arrest without warrant.
There are some circumstances under section 41 of Cr.P.C. when police can arrest without warrant.
- When someone has been concerned in any cognizable offense, or against whom a reasonable complaint has been made,
- When someone has in his possession without lawful excuse, the burden of proving which excuse shall lie on such person, any implement of house-breaking
- When someone has been proclaimed as an offender either under Cr.P.C. or by order of any State Government
- 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 offense with reference to such thing
- When someone obstructs a police officer while in the execution of his duty, or when someone has escaped or attempts to escape from lawful custody
- When someone is reasonably suspected of being a deserter from any of the Armed Forces of the Union
- When someone 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 offense, and for which lie is, under any law relating to extradition, or otherwise, liable to be apprehended or detained in custody in India
- When anyone, being a released convict, commits a breach of any rule made under subsection (5) of section 365;
- 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.
These are the provisions under section 41 of Cr.P.C. wherein police can arrest a person without an arrest warrant.
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