When Police May Arrest Without Warrant; 25 Situations

# When Police May Arrest Without Warrant

According to Section 41 of the Code of Criminal Procedure, 1973 any police officer may without an order from a Magistrate and without a warrant, arrest any person-

  • 1. Who has been concerned in any cognizable offence. [S. 41 (1) (a)]
  • 2. Against whom a reasonable complaint has been made. [S. 41 (1) (a)]
  • 3. Credible information has been received. [S. 41 (1) (a)]
  • 4. Reasonable suspicion exists, of his having been so concerned. [S. 41 (1) (a)]
  • 5. Who has in his possession without lawful excuse any implement of house-breaking. [S. 41 (1) (b)]
  • 6. The burden of proving which excuse shall lie on such person. [S. 41 (1) (b)]
  • 7. Who has been proclaimed as an offender either under this Code or by order of the State Government. [S. 41 (1) (c)]
  • 8. In whose possession anything is found which may reasonably be suspected to be stolen property. [S. 41 (1) (d)]
  • 9. Who may reasonably be suspected of having committed an offence with reference to such thing. [S. 41 (1) (d)]
  • 10. Who obstructs a police officer while in the execution of his duty. [S. 41 (1) (e)]
  • 11. Who has escaped, or attempts to escape, from lawful custody. [S. 41 (1) (e)]
  • 12. Who is reasonably suspected of being a deserter from any of the Armed Forces of the Union. [S. 41 (1) (f)]
  • 13. Who has been concerned in, or against whom a reasonable complaint has been made. [S. 41 (1) (g)]
  • 14. Credible information has been received. [S. 41 (1) (g)]
  • 15. A reasonable suspicion exists. [S. 41 (1) (g)]
  • 16. Of his having been concerned in, any act committed at any place out of India which, if committed in India, would have been punishable as an offence. [S. 41 (1) (g)]
  • 17. For which he is, under any law relating to extradition. [S. 41 (1) (g)]
  • 18. Otherwise, liable to be apprehended or detained in custody in India. [S. 41 (1) (g)]
  • 19. Who, being a released convict, commits a breach of any rule made under sub-section (5) of section 356. [S. 41 (1) (h)]
  • 20. For whose arrest any requisition, whether written or oral, has been received from another police officer. [S. 41 (1) (i)]
  • 21. The requisition specifies the person to be arrested. [S. 41 (1) (i)]
  • 22. The offence or other cause for which the arrest is to be made. [S. 41 (1) (i)]
  • 23. It appears therefrom that the person might lawfully be arrested without a warrant by the officer who issued the requisition. [S. 41 (1) (i)]
  • 24. Any officer in charge of a police station may, in like manner, arrest or cause to be arrested any person. [S. 41 (2)]
  • 25. Belonging to one or more of the categories of persons specified in section 109 or section 110. [S. 41 (2)]

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