The Police Officer has the powers to arrest a person without having received any Warrant of Arrest from the concerned Magistrate provided the person has;
- Commissioned a Cognizable Offence in the presence of that Officer, or
- A Complaint against that person was received on commissioning of a Cognizable Offence, or
- Sufficient information received against the person over commission of Cognizable Offence, or
- Reasonable doubts raised against a person that he has commissioned a Cognizable Offence
And those punishable offences are less than 7 years or above 7 years with or without fine or a capital punishment and important elements constituting of such arrest [of the person] other than the above ingredients are;
The Police Officer must convinced himself that such arrest was also necessary or not on following grounds;
- To prevent that person from committing any further offence, or
- For investigation of the committed offence, or
- To prevent the evidences from getting destroyed, disappear tampering or manipulated
- To prevent and protect those witnesses from getting induced or threatened by the offender
- In certain case arrest of the person is required to produce him in the Court when his presence becomes necessary
- The person is a proclaimed offender
- A thief or a suspected thief in whose custody stolen properties are found or suspected to be in his possession
- The person obstructs the duty of the Police Officer or who has escaped or attempt to escape from the lawful custody
- Deserter from the Armed Forces
- Any unlawful act commissioned in offshore or onshore wherein the Government Protocol like extradition required to be followed
- Released convict and committed any breach against any other Police Authorities and whose detention is required by those authorities
No person who has caused non-Cognizable Offence be arrested without an order of the concerned Magistrate, however, if the person fails to provide personal details upon on an inquiry made by the Police Officer under Section 42 of Cr.P.C. then this provision allows him to arrest.
The Police Officer who arrest the person must put it in writing the reasons for the arrest. Even in that case the arrest was not carried out by the Officer, he must specify the reason for not doing so.
When a person is said to have commissioned a non-Cognizable Offence in the presence of the Police Officer and upon inquiry the Offender refuses to share his personal details like his name, residence address and such similar things [even] if he gave but found to be false then the Officer can arrest such person so to secure the required details in his custody.
After securing correct details of the person the Officer must release him on a bond with or without sureties with an instruction to him to appear before the concerned Magistrate if required to be. Provided the arrested person is a foreigner, the Officer must take resident Indian sureties.
Provided the Officer failed to get sufficient details from the person within 24 hours of his arrest or received no bond or required sureties then he must be produced before the nearest Magistrate.
Any private person can arrest a person who commits a non-Bailable and Cognizable Offence in his presence or when he cause to arrest such person who is a proclaimed offender he then produce that person to the Police Officer or in his absence the offender should be produced in the nearest Police Station.
Provided the Police Officer required such person under Section 41 of Cr.P.C. then the offender shall be re-arrested by that Officer.
If the offender has commissioned a non-Cognizable Offence and refused to give personal details upon asked by the Police Officer and in that case he could be arrested and then followed the procedures given in Section 42 of Cr.P.C.
Provided a person commits an offence before a Magistrate – be it Executive or Judicial and within his Jurisdiction, he may arrest the person on his own or by his order someone can do so. The arrested person can be bailed or sent to custody. Similarly if the Magistrate is competent enough he can also issue a Warrant of Arrest against the offender.
The person of the Armed Forces should not be arrested by the Police for any reasons while he is in duty and if he is required to be arrested and that should be done only with the permission of the Central Government.
The State Government may have notified the class of persons from the Armed Forces who are responsible for maintenance of public order for effective application of this Provision.
Should the offender is called for submission to the arrest by the Police or any other person if he is not submitting then his body could be touched and confined.
Provided the offender is evading the arrest or attempting to escape and forcibly resisting the arrest then the Police or any other person who is interested in his arrest can use minimum force.
No death could be caused against the offender who neither commissioned a capital punishment or life imprisonment.
The Police Officer who has powers to arrest or any other person who is armed with Warrant of Arrest has reasons to believe that the person who is required to be arrested has entered into a premises of any other resident or owner or occupier of the place and the latter must give free access for the search of that person.
The Executant of Warrant of Arrest has powers under this Provision to enter into a premises for the search of an Offender even his entry is denied by the owner of the property, provided, he has reason to believe that the Offender might escape from the arrest if not entered into the premises then he can break the door or window of the house or place to arrest the Offender.
If the Executant of the Warrant is attempting to make an entry into a house in which a woman is residing and out of customs she cannot appear in public, he can give notice to that lady to withdraw from giving approval to him from entering inside her house, otherwise, he can break over the door and can enter into her house.
The Police or any other person who in an attempt to arrest a person enters into a house but caught therein, in such case he can break the door or window of such house or place for his escape.
The Police Officer who has powers to arrest a person without a Warrant can arrest such person anywhere in India.
The arrested person should not be subjected to any harassment but only to prevent his escape.
The Police Officer or any other person who is arresting an Offender without Warrant of Arrest must inform him the reason for his arrest.
Provided a Police Officer arrested a person without a Warrant of Arrest and the Offender has just committed a bailable offence, the Officer must inform the Offender that he be released on Bail he arranges required sureties.
Whether a person was arrested by the Police Officer without a Warrant of Arrest or any other person; an Executant of Warrant of Arrest arrested such person and who then produces the Offender to the Police. If granted Bail, but the arrested person failed to furnish the Bail. In such case, the Police Officer can undertake search of that person and remove all of his belongings take into his custody with proper inventory be made and a copy of the inventoried articles be given to the Offender.
Whenever a search is done on a woman and the same must be done by a woman by practising decency.
Upon arrest of a person, the Police must remove his belongings including that of any offensive weapons if he carries, and the same must be produced in the Court or before the Officer who required such arrest.
When a person was arrested for committing an offence, the Police Officer realise that no evidence to prove his offence could be gathered unless he is subjected to medical examination, in such case it is lawful duty of the medical practitioner to conduct medical examination of the arrested person upon request by an Officer not below the rank of Sub Inspector of Police. It is also lawful for the Doctor to use force on the arrested person to subject him for medical examination. Provided an arrested person is a lady, then her examination could only be conducted under the supervision of the lady medical practitioner.
When an arrested person, while at the time of his production in the Court or during the period of his custody, pleads for his medical examination, and according to him the same would bring to light his innocence and victimhood. The Court can direct a registered medical practitioner to conduct his medical examination. However, if the Magistrate realise that such examination was not required and the request was made with an intention to drag the case, he then disallow such examination.
The Officer Incharge of a Police Station or any other Officer while making an investigation into a case under Chapter XII ordering his junior to arrest a person without a Warrant either in his presence or in his absence, however such order be in written specifying the person to be arrested, offence or reasons for his arrest be made. The junior before arresting the person should inform him the substance and if required to be show him the order. Otherwise, Section 41[1] shall not affect the power of the police from arresting a person.
If a person was arrested without a Warrant and either bail was not taken, he shall be immediately produced before the Incharge of the Police Station or in the Jurisdictional Magistrate Court.
No person shall be arrested without a Warrant and kept in custody by the Police for more than 24 hours. Under Section 167 of Cr.P.C. the arrested person’s custody could be extended excluding the journey time for the production of the arrested person in the Jurisdictional Magistrate Court.
The Officer Incharge of the Police Stations must report to the District Magistrate or under his direction to the Sub Divisional Magistrate about the cases in which arrests were made without Warrant and bail was granted or not.
An arrested person can never be released on bail without his own bond or by any order of the Magistrate.
A person who was under lawful detention either escaped or made to escape be arrested immediately, by the person who holds his custody, anywhere in India. In this case, Section 47[1] of Cr.P.C. shall apply to the person who is not a Police Officer yet having authority to arrest.