Arrest Without Warrant

1- Introduction

Arrest means to deprive a person from his liberty by detaining in jail by police. Police can Arrest Aby person even without warrant, who commit a cognizable offence. To a person without prior permission of the Magistrate who commit cognizable offence in commission of a cognizable offence immediate Arrest is necessary that's why prior permission for Arrest that person is not necessary.

2- Relevant Law

Section 54 to 65, 151 and 403 of CrPC

3- Cross Reference

Article 10 of the Constitution

Column II of Schedule II of CrPC

4- Meaning of Arrest

" To deprive a person of right of liberty by legal authority "

5- Warrant

" A specific authorization by a competent authority to Arrest any person due to illegal act "

6- Kinds of Arrest

Following are the Kinds of Arrest

I- Arrest without Warrant

When an offender commit a non-cognizable offence he may Arrest by permission of Magistrate.That accused cannot Arrest without Warrant given by Magistrate.

II- Arrest without Warrant

When any person commit a cognizable offence he can Arrest without Warrant, without prior permission of Magistrate.

7- Arrest without Warrant

The person who commit a cognizable offence need immediately Arrest so there is no need of Warrant to Arrest that person

8- Who May Arrest without Warrant

The Following Person may Arrest without Warrant,

I- Police Officer u/s 54, 57, 84, 149, 151 CrPC

Any police officer may interpose for the purpose of preventing and shall to the best of his ability, prevent the commission of any cognizable offence and if police officer known of a design to commit any cognizable offence may Arrest without order of Magistrate and without Warrant if it appear such officer that commission of the offence cannot be otherwise prevent. There is also a list of offenders u/s 54 of CrPC who may be arrested without Warrant.

II- Station House Officer u/s 55 of CrPC

Any officer incharge of a police station may Arrest or cause to be arrested,

》Any person found to conceal his presence with a view to committing a cognizable offence,

》Any person who cannot give satisfactory account of himself,

》Any person who is by repute a habitual robber, house breaker or theif receiver of stolen property.

III- Private Person u/s 59 of CrPC

Any private person may Arrest any person who in his view commits non-bailable and cognizable offence or any proclaimed offender and without unnecessary delay, shall make over arrested person to a police officer or to the nearest police station and if there is reason to believe that such person comes under provisions of section 54, police officer shall re-arrest him.

IV- Magistrate can also Arrst u/s 64 of CrPC

Whenever an offence is committed in presence of a Magistrate within local limits of his Jurisdiction, he may himself Arrest or order any person to Arrest offender. A Magistrate Arrest or direct to arrest any person whose Arrest he is competent and Warrant issue.

9- When Police Officer may Arrest Without Warrant

Following persons can a police officer Arrest without Warrant,

Formula is = CIPSODERA

I- Person concerned in a cognizable offence.

II- Possession of implement of house breaking without lawful excuse.

III- Proclaimed Offender

IV- Person suspected to be in possession of stolen property.

V- Person obstruct police officer in executing duty.

VI- Person suspected a deserted from armed forces.

VII- Person suspected to Punishable under law of extradition.

VIII- Release convict committed a breach of any rule made u/s 565 (3).

IX- Person for whose Arrest requisition has been received.

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10- Person Refusing to give Name and Residence.

A person who in presence of police officer has committed or has been accused of committing a non-cognizable offence refuse on demand to give his name and Residence or give false information, may Arrest such person.

11- Person designing to commit cognizable Offence

To prevent a person from committing or designing a non-cognizable offence may Arrest without Warrant.

12- Remission of suspension of Sentence Cancelled u/s 403 (3)

Of any condition on which a sentence has been suspended or remitted by provincial government, not fulfilled, the government may Cancel suspension or Remission and be arrested by any police officer without Warrant.