Arrest of a Person - Arrest without warrant, Arrest on refusal to give name and address, Arrest by Private Person, Arrest by Magistrate - Section 41, 42, 43, 44 of Code of Criminal Procedure, 1973

Arrest is a shocking experience to anybody and everybody has common knowledge that an arrest should be executed with a warrant. But there are circumstances in which a police officer may arrest a person without a warrant.

 

 

When police may arrest without warrant- Section 41 of Code of Criminal Procedure 1973

As per Section 41 the following are the circumstances in which a Police officer can arrest a person without a warrant. Provisions in the Code of Criminal Procedure 1973 are:

"(1)    Any police officer may without an order from a Magistrate and without a warrant, arrest any person-

(a)      who has been concerned in any cognizable offence, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been so concerned; or

(b)      who has in his possession without lawful excuse, the burden of proving which excuse shall lie on such person, any implement of house-breaking; or

(c)      who has been proclaimed as an offender either under this Code or by order of the State Government; or

(d)      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 offence with reference to such thing; or

(e)      who obstructs a police officer while in the execution of his duty, or who has escaped, or attempts to escape, from lawful custody; or

(f)      who is reasonably suspected of being a deserter from any of the Armed Forces of the Union; or

(g)      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; or

 

 

(h)      who, being a released convict, commits a breach of any rule made under sub-section (5) of section 356; or

(I)      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.

(2)      Any officer in charge of a police station may, in like manner, arrest or cause to be arrested any person, belonging to one or more of the categories of persons specified in section 109 or section 110.

 

Arrest on refusal to give name and residence- Section 42 of Code of Criminal Procedure 1973

If somebody believes that he can give wrong name and address to the police to escape from a case permanently, it is a wrong belief. The police have the power to arrest a person if he refuses to give correct name and residential address. Police can arrest him to identify the actual place of residence. If it is a non cognizable offence, he may get bail by completing necessary formalities or with the help of sureties. Provisions in the Code of Criminal Procedure 1973 are:

 

Section 42(1) Code of Criminal Procedure (CRPC)
When any person who, in the presence of a police officer, has committed or has been accused of committing a non-cognizable offence refuses, 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.

 

Section 42(2) Code of Criminal Procedure (CRPC)
When the true name and residence of such person have been ascertained, he shall be released on his executing a bond, with or without sureties, to appear before a Magistrate if so required:

Provided that, if such person is not resident in India, the bond shall be secured by a surety or sureties resident in India

 

 

Section 42(3) Code of Criminal Procedure (CRPC)
Should the true name and residence of such person not be ascertained within twenty-four hours from the time of arrest or should he fail to execute the bond, or, if so required, to furnish sufficient sureties, he shall forthwith be forwarded to the nearest Magistrate having jurisdiction."

 

Arrest by Private person and procedure on such arrest- Section 43 of Code of Criminal Procedure 1973

You may not be aware that a private person also has the authority to arrest a person in some cases. A private person has full power to arrest a person in the following cases. Provisions in the Code of Criminal Procedure 1973 are:

 

Section 43(1) Code of Criminal Procedure (CRPC)  
Any private person may arrest or cause to be arrested any person who in his presence commits a non-bailable and cognizable offence, or any proclaimed offender, and, without unnecessary delay, shall make over or cause to be made over any person so arrested to a police officer, or, in the absence of a police officer, take such person or cause him to be taken in custody to the nearest police station.

 

Section 43(2) Code of Criminal Procedure (CRPC)  
If there is reason to believe that such person comes under the provisions of section 41, a police officer shall re-arrest him.

 

Section 43(3) Code of Criminal Procedure (CRPC)  
If there is reason to believe that he has committed a non-cognizable offence, and he refuses on the demand of a police officer to give his name and residence, or gives a name or residence which such officer has reason to believe to be false, he shall be dealt with under the provisions of section 42; but if there is no sufficient reason to believe that he has committed any offence, he shall be at once released.

 

Arrest by Magistrate- Section 44 of Code of Criminal Procedure 1973

A Magistrate has Judiciary Power and can arrest any person in the following circumstances. Provisions related to arrest by Magistrate in Code of Criminal Procedure 1973 are:

 

Section 44(1) Code of Criminal Procedure (CRPC)
When any offence is committed in the presence of a Magistrate, whether Executive or Judicial, within his local jurisdiction, he may himself arrest or order any person to arrest the offender, and may thereupon, subject to the provisions herein contained as to bail, commit the offender to custody.

 

Section 44(2) Code of Criminal Procedure (CRPC)  
Any Magistrate, whether Executive or Judicial, may at any time arrest or direct the arrest, in his presence, within his local jurisdiction, of any person for whose arrest he is competent at the time and in the circumstances to issue a warrant.

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