Describe the circumstances when a police officer may arrest a person without an order from a Magistrate and without a warrant.

Question: Describe the circumstances when a police officer may arrest a person without an order from a Magistrate and without a warrant. [U.P.C.J. 2012, UPAPO 2000, UPHJS 2012, BJS 2011, HJS 2011].

Find the answer to the mains question only on Legal Bites. [Describe the circumstances when a police officer may arrest a person without an order from a Magistrate and without a warrant.]

Answer

Grounds of arrest when a police officer may arrest a person without an order from a Magistrate and without a warrant is given under section 41 clause (1), 42, 151 of CrPC. They are as follows-

1. When a person commits a cognizable offence in the presence of a police officer.
2. When a reasonable complaint has been made against a person or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence punishable with imprisonment for a term which may be less than seven years or which may extend to seven years whether with or without fine, if the following conditions are satisfied, namely:

(i) the police officer has reason to believe on the basis of such complaint, information, or suspicion that such person has committed the said offence;

(ii) the police officer is satisfied that such arrest is necessary—

(a) to prevent such person from committing any further offence, or

(b) for proper investigation of the offence; or

(c) to prevent such person from causing the evidence of the offence to disappear or tampering with such evidence in any manner; or

(d) to prevent such person from making any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the police officer; or

(e) to secure his presence in the court

And the police officer shall record while making such arrest, his reasons in writing, and when the police officer does not make an arrest, he shall also write the reasons for not making the arrest.

Further, if credible information has been received against a person 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.

1. When a person is a proclaimed offender
2. When a person is in possession of the stolen property and who may reasonably be suspected of having committed an offence with reference to such thing.
3. When a person obstructs a police officer while in the execution of his duty.
4. When the person has escaped or attempted to escape from lawful custody.
5. When the person is reasonably suspected of being a deserter from any of the Armed Forces of the Union.
6. 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.
7. When the person being arrested is a released convict, commits a breach of any rule under subsection (5) of section 356.
8. A requisition is made or received from any other police officer. The requisition must specify the person to be arrested for the crime that was committed by him. The requisition may be in writing or by oral.

Generally, a person cannot be arrested without a warrant by a police officer but an exception has been carved out in Section 42 of CrPC. It states that-

(1) When any person who, in the presence of a police officer, has committed or has been accused of committing non-cognizable offence refuse, 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.

Further, Section 151 states that a police officer knowing of a design to commit any cognizable offence may arrest, without orders from a Magistrate and without a warrant, the person so designing, if it appears to such officer that the commission of the offence cannot be otherwise prevented.

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