CENTRAL UNIVERSITY OF SOUTH BIHAR

SCHOOL OF LAW & GOVERNANCE

Labour and Industrial Law-11

WRITE-UP
When police may arrest without warrent

Under the Supervision of: -

(Assistant Professor, School of Law & Governance)

Submitted By: - Anjali Ananta

B.A. LL.B. (H.) 8th Semester

CUSB

As a general rule a Police cannot arrest an accused without warrant. However,

there are certain exceptional circumstances enumerated in Law under which a
Police can make an arrest without warrant.
Section 41 of Code of Criminal Procedure envisages the circumstances under
which an arrest can be made without warrant.

Circumstances under which an arrest can be made without warrant

1. When any person is actually concerned or reasonably suspected to be

concerned in a cognizable offence
2. Any person, who in the presence of such an officer has been accused of
committing a non-cognizable offence and refuses to give his true name or
residence.
 Any person concerned or reasonably suspected to be concerned in any act
committed at a place outside India which if committed in India would be
punishable as an offence for which he would be liable to be apprehended
or detained in custody in India.

1. Any person for whose arrest any requisition is received from another
police officer competent to arrest that person without a warrant
2. Any person reasonably suspected of being a deserter from any of the
Armed Forces of the Union
3. Any person found in possession of any implement of house-breaking
without any lawful excuse
 Any person found in possession of property reasonable suspected to be
stolen and who may be reasonably suspected of having committed an
offence with reference to such property
 Any person obstructing a Police officer in the discharge of his duties
1. Any person who has escaped from lawful custody
2. Any released convict committing a breach of any rule made under
Section 356(5) of CrPC
3. Any person designing to commit a cognizable offence which cannot be
prevented (except) by the arrest of such a person
 A police officer incharge of a police station may as a preventive measure
arrest without warrant any person belonging to one or more of the
categories of persons specified in Section 109 or Section 110 e. persons
taking precautions to conceal their presence with a view of committing a
cognizable offence, habitual robbers, housebreakers, thieves, etc. and
persons habitually indulging in the commission of certain social and
economic offences.
Can a person other than Police Officer make an arrest without warrant?

Yes, a person other than a Police officer can arrest a suspect without warrant.
Section 43 of CrPC states that any private person may arrest without a warrant-

1. If any person commits a non-bailabe and cognizable offence in his

presence; or
2. Any proclaimed offender;

Such a private person arresting another shall without delay handover the
arrested person in custody to the nearest police station.

A Magistrate can also arrest without warrant

Magistrate can arrest without warrant if:

1. If any person commits any offence within the local jurisdiction of and in
the presence of such Magistrate
2. Any person within his local jurisdiction for whose arrest he is competent
to issue a warrant;

Powers of arrest under Section 151 of CrPC

Section 151 of CrPC provides for arrest to prevent the commission of

cognizable offences. This statutory provision empowers the police to arrest any
person, without orders from a Magistrate and without warrant, “if it appears to
such officer” that such person is designing to commit a cognizable offence and
that the commission of offence cannot be prevented otherwise.

The bare perusal of the aforesaid legal provision reflects that the legislative
intent is to prevent commission of a non-bailable and cognizable offence.

In Case of arrests without warrant

In case of arrests without warrant the decision to make arrest is no doubt made

by persons other than magistrates and courts i.e. by police officers, private
citizens, etc. These persons may not have the judicious mind and detached
outlook, and yet because of the exigencies of certain situations the Code allows
them to make the arrest-decisions themselves without obtaining warrants of
arrest from the magistrates.

In Case of Serious crime done by dangerous Person

In a case where a serious crime has been perpetrated by a dangerous person and
there is every chance of the person absconding unless immediately arrested, it
would be certainly unwise to insist on the arrest being made only after obtaining
a warrant from a magistrate under section 41 of Crpc.
Preventive action may sometimes be necessary in order to avert the danger of
sudden outbreak of crime, and immediate arrest of the trouble-maker may be an
important step in such preventive action.

Sometimes, the police officer may not arrest the main accused due to influence,
even though his co-accused might be arrested under section 41 of crpc.

The Delhi High Court in such a case opined that the discretion of the
investigating agency to arrest does not mean whim, fancy or wholly arbitrary
exercise of discretion. Sometimes the police denies the arrest to enable him to
keep the accused in his custody for investigation. In such cases on complaint the
magistrate can make inquiry and pass appropriate orders.”

Though the Code allows a person to be arrested without warrant under certain
circumstances, it does not allow such arrested person to remain in custody for
more than 24 hours from the time of arrest -section 41 of crpc. Further detention
of the arrested person shall be illegal unless permitted by a competent judicial
Magistrate.

If the person is prepared to give security for his attendance in court for his trail,
he might be released on bail under certain circumstances.