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Arrest without Warrant

#sachinkumarpingle #feelthelife #arrest #warrant Arrest without warrant / Duties of Police Power of arrest without warrant: S.-41 of Cr.P.C. Authorises the arrest of any person without a warrant and without an order from a magistrate, in respect of following classes of persons- 1) Any person who has been concerned in any cognizable offences, or if a reasonable complaint has been made against him, or if credible information has been received, or a reasonable suspicion exist of his having been concerned in such offence. 2) Any person, who has in his possession, without any lawful excuse, any implement of house breaking, or 3) Any person, who has been proclaimed as an offender, either under Cr.P.C. or by any order of the State Govt., or 4) Any person in whose possession stolen property is found or 5) Any person, who obstructs a police, while in the execution of his duty, or any person, who has escaped, or attempts to escape from lawful custody, 6) Any person, who is reasonably suspected of being a deserter from any of the armed forces of the Union of India, or 7) Any person, who is concerned in any act committed at any place outside India, which if committed in India, would be punishable as an offence, and for which, he is liable to be apprehended or detained in custody in India, under law of extradition, or 8) Any person, who is released convict and who has committed a breach of any rule made u/s.-356(5) of Cr.P.C. or 9) Any person for whose arrest any requisition (whether written or oral) has been received from another police officer, or 10) When non cognizable offence is committed in the presence of a police officer and the person committing the offence, refuses to give his true name and residence, or 11) Any person, who is robber, thief, house breaker, habitual receiver of stolen property, habitual kidnapper, or abductor (only by officer in charge of a police station) Duties Of Police 1) S.-42 provides that, when the true name and residence of a person have been ascertained he shall be released on his executing a bond with or without sureties, to appear before the magistrate, if so required. 2) In effecting any arrest, the police officer can actually touch the body of the person to be arrested, if he does not submit to his custody. If the offender forcibly resist, or attempts to evade the arrest, the police officer can use all necessary means. However, this does not give any right to any person to cause the death of the accused who is not accused of an offence, punishable with death, Life imprisonment (S.-46) 3) S.-47 of Cr.P.C. empowers the police officer to enter and search the place entered by the offender. If entry is not possible easily, he can break open the entrance or window. In case of ‘Pardanashin Lady’, the notice of eviction is necessary before break open. 4) The person arrested is not to be subjected to more restrain than is necessary for preventing his escape(S.-49) 5) Person arresting should immediately communicate full particulars of the offence and ground of arrest. Accused is entitled to a bail, is to be informed by police, if he is accused of a bailable offence(S.-50) 6) Police officer may take search of arrested person and keep in safe custody all the articles recovered and give him the receipt. If such search has to be of female, it must be carried out by lady constable with strict decency. (S.-51) 7) If offensive weapon is found, police should take away that weapon from the accused and deliver it to a court(S.-52) 8) If the nature of the offence is such that, there is ground for the police officer to believe that, medical examination of the accused will procure the evidence of his crime, he can request (if not below the rank of sub-inspector) to medical officer, to hold such examination and use necessary force for that purpose. If the accused is female, such examination must be made by or under the supervision of the female medical practitioner (S.-53). 9) If a police officer makes an arrest without warrant, he must, without unnecessary delay take or send the person arrested to a magistrate, or to an officer-in-charge of a police station. Further, no police officer can detain in custody a person, who has been arrested for an unreasonable long time, and in absence of an order of a magistrate, this period cannot exceed 24 hours exclusive of time necessary to travel from place of arrest to the court of magistrate(S.-56 &57) 10) If a person has been arrested by a police officer, he cannot be discharged except on his own bond, or his own bail, nor under a special order of the magistrate.