Section 55 of the Code of Criminal Procedure, 1973 prescribes the procedure to be followed when a police officer deputes his subordinate to arrest a person without warrant.
Procedure when police officer deputes subordinate to arrest with out warrant
When any officer in charge of a police station or any police officer making an investigation under Chapter XII requires any officer subordinate to him to arrest without a warrant (otherwise than in his presence) any person who may lawfully be arrested without a warrant, he shall deliver to the officer required to make the arrest an order in writing, specifying the person to be arrested and the offence or other cause for which the arrest is to be made and the officer so required shall, before making the arrest, notify to the person to be arrested the substance of the order and, if so required by such person, shall show him the order. [S. 55 (1)]
Nothing in sub-section (1) shall affect the power of a police officer to arrest a person under section 41. [S. 55 (2)]
Conjoint reading of Section 41 and 55 goes to show that Section 55 does not control or restrict the powers of police officer given to him under Section 41 which is a general provision.
The difference between these two sections is that while under Section 41(1)(i) the police officer acts independantly even though he has received a requisition from another police officer, under Section 55 the subordinate officer merely carries out an order and does not act independently of it.
See Also : Ummed Singh v. State of Rajasthan, 2003 CriLJ 3632 : RLW 2003 (4) Raj 2290 : 2003 (3) WLC 465 [Rajasthan High Court]
Main powers/ duties of a police officer under various sections of Cr.P.C. are as below:-
- Section 36 Powers of superior Officers of Police.
- Section 41 When Police may arrest without Warrant
- Section 42 Arrest on refusal to give name & residence
- Section 46 Procedure of Arrest
- Section 47 Power of Police officer to search of a Place entered by a person sought to be arrested.
- Section 50 Arrested person must be informed the grounds of Arrest & right to bail.
- Section 51 Search of Arrested Person
- Section 52 Power to seize Offensive weapon.
- Section 53 Examination of accused by medical Practitioner at the request of Police.
- Section 55 Procedure when Police Officer deputes his subordinate to arrest without Warrant
- Section 57 Arrested person not to be detained more than 24 hours
- Section 58 Police to report apprehensions
- Section 61-90 Processes to compel appearance
- Section 91-105 Processes to compel the production of things
- Section 100 Procedure of search of closed place.
- Section 102 Powers of Police Officer to see certain Properties
- Section 106-124 Security for keeping the peace and for good behaviour. Powers of Police officers to arrest the person for prevention of Crime
- Section 149-153 Preventive action of the Police.
- Section 154 Registration of FIR on disclosure of cognizable offence.
- Section 160 Police officer’s Power to require the attendance of Witnesses
- Section 165-166 Search by Police Officer
- Section 172-174 Procedure of Investigation