Arrest without warrant can be effected by either of the following classes of persons in the circumstances noted in answers to subsequent questions, viz.—(1) police officer, (2) a private person, (3) a Magistrate, and (4) a custodian or rescuer, who, under Section 60 of the Code, is authorized to pursue and arrest the person escaping from lawful custody in any place in India.
The general rule is that a police officer is not at liberty to arrest persons without a warrant. The law is jealous of the liberty of the subject and has set wholesome bounds to the powers of police to arrest without a warrant. The exceptions are laid down in Sections 41 and 42 of the Code.
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Any police officer may, without an order from a Magistrate and without a warrant, arrest any person:
(i) Who commits, in the presence of a police officer, a cognizable offence;
(ii) Against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence punishable with imprisonment for a term which may be less than seven years or which may extend to seven years whether with or without fine, if the following conditions are satisfied, namely:
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(A) The police officer has reason to believe on the basis of such complaint, information, or suspicion that such person has committed the said offence.
(B) 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
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(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; and the police officer shall record while making such arrest, his reasons in writing.
(ii-a) against whom credible information has been received that he has committed a cognizable offence punishable with imprisonment for a term which may extend to more than seven years whether with or without fine or with death sentence and the police officer has reason to believe on the basis of that information that such person has committed the said offence.
(iii) Any proclaimed offender;
(iv) Any person in possession of anything suspected to be stolen property and who may reasonably be suspected of having committed an offence with reference to such thing;
(v) Any person obstructing a police officer in the execution of his duty, or escaping or attempting to escape from lawful custody;
(vi) Any deserter from the Indian Army, navy or air force
(vii) any person concerned in an offence committed outside India, with, if committed in India, would have been punishable as an offence, and for which he is under any law relating to extradition or otherwise liable to be apprehended or detained in custody in India;
(viii) Any released convict committing a breach of any rules relating to the notification of residence;
(ix) Any person for whose arrest a requisition has been received from another police officer authorized to arrest him without a warrant. (Section 41).
(x) Any person, who, having committed a non-cognizable offence in the presence of a police officer refuses to give his name and residence, or gives a false name or residence, but when the true name and residence have been ascertained, he shall be released on his executing a bond with or without sureties. (Section 42).
(xi) Any person with a design to commit a cognizable offence which cannot otherwise be prevented. (Section 151).
(xii) Any person whose suspension or remission of sentence has been cancelled by the Government on his breaking the condition of such suspension or remission. (Section 432).
In this respect the Code does not make any distinction between police officers of different ranks and authorizes any police officer to arrest without an order from a Magistrate and without a warrant.
Subject to the provisions of Section 42, no person concerned in a non-cognizable offence or against whom a complaint has been made or credible information has been received or reasonable suspicion exists of his having so concerned, shall be arrested except under a warrant or order of a Magistrate. [Section 41 (2)]