ARREST WITHOUT WARRANT
- Ä State circumstances under which the police officer may arrest a person without obtaining a warrant from the court?
- Ä Can police arrest a person even if he has not committed any offence?
- Ä What is arrest without warrant? How and when it is made by whom under what pretext? What are the checks and balances to prevent misuse of this unlimited power? (PCS)
- Ä CAN POLICE ARREST A PERSON EVEN IF HE HAS NOT COMMITTED ANY OFFENCE?
INTRODUCTION
RELEVANT PROVISIONS
Sections 54 to 59, 64, 65, and 151 of CrPC.
ARREST WITHOUT WARRANT
Following persons may arrest without warrant
i- Any Police Officer
ii- Officer-in-Charge of a Police Station
iii- Private Person
iv- Magistrate
OBJECT TO ARREST A PERSON WITHOUT WARRANT
ARREST BY ANY POLICE OFFICER
i) PERSON CONCERNED IN COGNIZABLE OFFENCE
ii) PERSON IN POSSESSION OF IMPLEMENT OF HOUSE BREAKING
iii) PROCLAIMED OFFENDER
iv) PERSON IN POSSESSION OF STALER PROPERTY
v) PERSON OBSTRUCTING POLICE OFFICER
vi) DESERTER FROM THE ARMED FORCES
vii) PERSON APPREHENDED UNDER EXTRADITION LAW
viii) RELEASED CONVICT
ix) PERSON FOR WHOSE ARREST REQUISITION HAS RECEIVED
x) PERSON COMMITTED NON-COGNIZABLE OFFENCE IN PRESENCE OF POLICE
xi) PERSON DESIGNING TO COMMIT COGNIZABLE OFFENCE
xii) PERSON WHOSE REMISSION OR SUSPENSION HAS CANCELLED
ARREST BY OFFICER IN-CHARGE
I- ANY PERSON TRYING TO CONCEAL HIMSELF
II- PERSON WHO HAS NO OSTENSIBLE MEANS OF SUBSISTENCE
III- HABITUAL OFFENDER
ARREST BY PRIVATE PERSON U/SEC 59
i) PERSON COMMITTED NON-BIALLABLE OFFENCE
ii) PROCLAIMED OFFENDER
ARREST BY A MAGISTRATE
I) PERSON COMMITS AN OFFENCE IN HIS PRESENCE
II) PERSON FOR WHOSE ARREST HE CAN ISSUE WARRANT
ARREST TO PREVENT SUCH OFFENCES U/SEC 151 CrPC
PERSON ARRESTED NOT BE DETAINED MORE THAN 24 HOURS U/SEC 61 CrPC
CONCLUSION
No comments:
Post a Comment