Arrest is deprivation of Liberty of a person by legal authority. If the arrest is not by legal authority then it becomes wrongful confinement punishable under section 342 of Indian penal code.
Arrest can be made by police officer, private person magistrate and armed forces. So, in this article we will know about how arrests are made by public officers without warrant?
Provision for arrest made by police officers without warrant is mentioned under section 41 of code of criminal procedure.
41 of Code of criminal procedure
This section states that any Police officer may arrest any person without warrant if –
a. the person committed a cognizable offence in the presence of a police officer.
b. the person against whom –
- Reasonable complaint has been made or
- Credible information received, or
- Reasonable suspicion exists regarding the offence committed by that person
And the offence is cognizable in nature with imprisonment less than 7 years or extend up to seven years with or without fine.
So, in such cases is condition should be satisfied for arrest –
i. Police officers have reason to believe in the aforementioned points.
ii. Police officer is satisfied the arrest is necessary –
- To prevent the person from committing further offences
- For the purpose of Investigation
- To prevent tampering of evidence
- To prevent the person from inducing the witnesses
- To ensure the presence of person during hearing
c. Police officer can arrest someone if he has credible information regarding the person who has committed a cognizable offence punishable with imprisonment more than 7 years and with or without fine.
d. Proclaimed offender
e. Person having possession of anything which is reasonably suspected to be stolen property.
f. The one who obstructs while a police officer performs his duty or escapes or attempts to escape from lawful custody.
g. Reasonable suspicion of being a deserter from armed forces of the union.
h. Offence convicted outside India but fulfills the aforementioned conditions.
i. Released convict who breach the rule made under section 356 (5) of code of criminal procedure.
j. Another police officer can also arrest if the requisition to arrest is provided in written or oral.