Thursday, April 15, 2021

Can Police arrest a person without warrant ?


Our Indian constitution provide some fundamental rights to every citizen of India. Which are like right to freedom, right to speech, right against exploitation etc. Because of these fundamental rights a person can go freely anywhere, he could live the way as he want, and he can adopt any religion. But when constitution give rights there are also some duties which a person has to perform like he can not break the law, he can not harm any other person. There is a famous maxim

"Treat others how you want to be treated"

This is the golden rule to live in a healthy and safe society. But if someone breaks law there is a need to take an action against him. So the person has to be arrested and law dispossesses his liberty.




Arrest:- Meaning of "arrest is to put a person in custody in charge of commit a crime and to restrain his liberty by legal authority".

There are mostly two types of arrest 

  • Arrest with warrant
  • Arrest without a warrant

Can Arrest without warrant is possible?

The answer of this question is yes. Police can arrest a person without warrant. Section 41 of crpc( Code of criminal procedure) provide the rules that when a police officer can arrest a
person without warrant
(1) Any police officer may without an order from a Magistrate and without a warrant arrest any person-

(a) who commits, in the presence of a police officer, a cognizable offence;

(b) against whom a reasonable complaint has been made, or credible information has been received, or  a reasonable suspicion exist that he has committed a cognizable offence punishable imprisonment for a term which may be less than seven years whether with or without fine, if the following conditions are satisfied namely:-

(i) the police officer has reason to believe on the basis of such complaint, information, or suspicion that such person has committed the said offence;

(ii) the police officer is satisfied that such arrest is necessary-

(a) to prevent such person from committing any further offence; or

(b)for proper investigation of the offence; or

(c) to prevent such person from causing the evidence of the offence to disappear or tampering with such evidence in any manner; or

(d) to prevent such person from making any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to the police officer; or

(e) as unless such person is arrested, his presence in the court whenever required cannot be ensured;

              These are the reasons written in crpc where a police can arrest a person without a warrant. There could also be  some other reasons like obstructs police officer in execution of his duty, against whom a reasonable complain has been made, or there is a credible information that person committed a cognizable offence punishable with imprisonment for more than 7 years.

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Can Police arrest a person without warrant ?

O ur Indian constitution provide some fundamental rights to every citizen of India. Which are like right to freedom, right to speech, right ...