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Wednesday, January 19, 2022

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When Police Arrest a Person Without Warrant

1)The police officer may arrest any person without an order from Magistrate in the following circumstances.

a)When any person commits a cognizable offence in front of the police.

b)When a reasonable complaint has been made against any person. When police received credible information. Or there will be reasonable suspension exist that a person has committed a cognizable offence punishable with imprisonment of seven years or less and has to satisfy the following conditions.

i) That the police officer has reason to believe that such person has committed the offence.

ii) The police officer has to satisfy that such arrest is necessary to prevent such a person from committing any further offence. The arrest is necessary for a proper investigation of the offence. And to prevent such a person from tampering with evidence. Also to prevent such a person from making any threat or inducement to any person who has acquainted with the facts of the case. And lastly, unless such a person arrested his presence in court can not ensure. The police officer shall record his reasons for arrest while making such arrests. (whenever the arrest of a person is not required, the police officer shall record his reasons.)

ba)When the police officer received credible information that a person has committed a cognizable offence punishable with imprisonment for a term that may extend to more than seven years or with the death sentence. And the police officer has reason to believe that based on such information the person has committed the said offence.

c) When the person has declared as a proclaimed offender either under this code or state government.

d) When the stolen property has found in possession of any person and who may be suspected of having committed an offence.

e) When a person obstructs a police officer while they executing their duty or who has escaped or attempts to escape from lawful custody.

f) When any person is suspected as a deserter from any union arm forces.

g) When a reasonable complaint has made against the person or credible information has received or a reasonable suspicion exists of any act committed any place out of India and which if committed in India shall be punishable as an offence under any law relating to extradition and liable to detained in custody in India.

h) when a person has released convict and if he commits a breach of any rule.

i) When a police officer has received any requisition for the arrest of any person whether in written or oral, from another police officer. (When Police Arrest a Person Without Warrant)

1)When the arrest of a person is not required under the provisions of section 41(1), the police officer shall issue notice directing a person against whom the complaint has made or suspicion exists or credible information has received that such person has committed a cognizable offence to remain present before him at such other place specified in the notice.

2) When such notice issued to any person, that person must appear before the concerned officer with the terms of the notice. (When Police Arrest a Person Without Warrant)

3) Where such a person appears before the police officer, he shall not arrest. And if the police officer opinion that he ought to arrest, he has to record his reasons.

4) Where such a person fails to appear before the police officer, the police officer may arrest him subject to the order of a competent magistrate.

a) The police officer shall note an accurate, clear identification and visibility of his name, which will facilitate easy identification.

b) The police officer needs to prepare a memorandum of the arrest. A minimum of one witness shall attest to the memorandum of the arrest. The witness shall be the family member of the arrested person or a reputable person from the locality.

c) The officer shall require to take the countersignature of the arrested person.

d) The officer shall inform the arrested person that he has a right to inform of his arrest to his relative or friend unless the memorandum of arrest signed by a member of his family.

The arrested person has a right to meet an advocate of his choice when he is arrested or interrogated by a police officer. The arrested person only allowed to meet his advocate during interrogation and not throughout the interrogation.

1) When any person has committed an offence in front of the police officer or he has accused of committing the non-cognizable offence, he refuses to give the name and address or provided a false name and address to the police officer. Such a police officer may arrest such a person to ascertain the name and address.

2) When the police officer ascertained the true name and address of such person, then such person shall release on executing a bond with or without sureties. When such a person is not a resident of India, in that case, they shall secure a bond with surety or sureties resident of India.

3) If the person failed to give their true name and address within twenty-four hours from the time of arrest or he fails to execute the bond or to furnish surety, he shall immediately produce to the nearest magistrate having jurisdiction.

1) When a person commits a non-bailable and cognizable offence in the presence of a private person or such person is proclaimed offender, such a private person may arrest such person without unnecessary delay shall makeover such person to the police officer. And in the absence of a police officer, take the custody of such person to the nearest police station.

2) When a person has committed a non-bailable offence and refuses to give the name and address or provided a false name and address to the police officer. Such an officer shall deal as per the provisions of section 42. But if it found that there has not sufficient reason that the person has committed any offence, he shall release.

When a person commits an offence in the presence of any Magistrate within his local jurisdiction, he may arrest or pass an order to arrest such person. And commit him to custody.

1) For arresting a person, the police officer shall touch or confine the body of such person. Where such a person is a woman, a woman police officer requires to arrest such person.

2) If any person forcibly resists to arrest or attempt to evade the arrest, such a police officer may use all necessary means to arrest him.

3) A woman shall not be arrested after sunset and before sunrise. In exceptional circumstances, the woman police officer shall make a report and obtain the prior permission of the Judicial Magistrate.

1) When a police officer having authority to arrest a person, the reason to believe that a person has entered into or is within any place, a place where he is residing or in charge of, such place on demand by a police officer, allow him to free entry and give all reasonable facilities for search.

2) If the police officer does not allow to enter such a place, the police officer may break open the outer door or inner door or window of any house or place. The police officer shall notify his authority and purpose and demand admittance from such a person. When a female is residing in an apartment, and according to the customs, she does not appear in public. In that case, such police officer shall give notice to such female, and she is at liberty to withdraw and shall provide all opportunity to withdraw and then may break the door and enter it.

3) Any police officer or any authorized person may break any door or window of any house to make the arrest.

Here we have discussed when police can arrest a person, what are the rights of the arrested person etc. But what after arrest? The arrested person has the right to meet his choice of lawyer and he can call his lawyer during interrogation. And if a person arrested in that case his lawyer can move bail application before the court on behalf of the accused.

Also Read:Cheque bounce case law and procedure

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