A lodge an F.I.R. alleging that B has committed the murder of his brother C. Can the police arrest him without an order from a Magistrate and without a warrant? Give reasons. 

Question: A lodge an F.I.R. alleging that B has committed the murder of his brother C. Can the police arrest him without an order from a Magistrate and without a warrant? Give reasons.

Find the answer to the mains question only on Legal Bites. [A lodge an F.I.R. alleging that B has committed the murder of his brother C. Can the police arrest him without an order from a Magistrate and without a warrant? Give reasons.]

Answer

The provision of Arrest is given in Chapter V from section 41 to section 60 of the Code of Criminal Procedure, 1973.

According to The Legal Glossary, Government of India, ‘Arrest means the restraining of the liberty a person in order to compel obedience to the order of the court of justice or to prevent the commission of the crime or to ensure that a person charged or suspected of a crime may be forthcoming to answer it.

According to section 41 (1) (ba) of CrPC, a police officer can arrest a person without an order from a Magistrate and without a warrant if against him credible information has been received that he has committed a cognizable offence punishable with imprisonment for a term which may extend to more than seven years whether with or without fine or with death sentence and the police officer has reason to believe on the basis of that information that such person has committed the said offence.

Hence in view of the above provision, it can be said that police can arrest B without an order from a Magistrate and without a warrant if the police officer has reason to believe on the basis of that information that such person has committed the said offence.

Though the power of arrest is given to the police, the section 41A also provides that the police officer shall, in all cases where the arrest of a person is not required under the provisions of sub-section (1) of section 41, issue a notice directing the person against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence, to appear before him or at such other place as may be specified in the notice.

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