Arrests can be made under Cognizable offences and Non-cognizable offences.
Cognizable Offence is an offence where a police officer can arrest without a
warrant and investigate without the court's permission for serious and heinous
crimes, for example: rape, murder, kidnapping, dowry death etc. All cognizable
offences are non-bailable. Non-cognizable offences include assault, cheating,
forgery, defamation, defamation etc.
Sections in brief
Section 41(1) of the code of Criminal Procedure Code 1973 states that a person
may be arrested by a police officer without a magistrates order in a cognizable
offence which is non-baillable offence under sections 41, 42, 151 of CrPC.
This includes possession of stolen property or unlawful objects, a proclaimed
offender, a burglar, a murderer, a person for commission of an offence under
dowry death, deserter of Armed Forces of the Union and a person under
extradition where he has committed an offence in India and escaped to foreign
lands to evade arrest and the law in India.
A person committing an offence in the presence of a police officer can be
released on a bond with or without surety. The person arrested should be stand
before a magistrate within 24 hours if he fails to execute the bond. Arrest can
be also made if a police officer thinks that burden of proof lies and to
satisfy the court that he has reasonable ground of suspicion to arrest the
accused without a warrant. as per section 468, an investigation of an arrest
made in a cognizable offence should be conducted by the police officer
immediately on arrest.
Under Section 45 of Crpc any person or member of Armed
Forces or a person who is performing in a position of armed forces cannot be
arrested for anything done in discharge of their official duties except after
consent of the supreme court.
A search warrant is issued by an authorized judge or Magistrate
of a court to a police officer or any other person authorizing them to conduct a
search upon a person, vehicle, lcrime location scene and confiscate such
material or believed to be a stolen property. This includes counterfeit coin,
pieces of metal made in contravention of Metal Tokens Act,1889, forged
documents, false seals, obscene seals or objects referred to in section 292 IPC,
In case D.K Basu vs State of West Bengal
, The Hon'ble Supreme Court, in has in
paragraph 36 gave specific, guidelines required to be followed by a police
officer while making arrests.
The principles laid down by the Hon'ble Supreme
- The police personnel carrying out the arrest and handling the
interrogation of the arrestee should bear accurate, carrying id and with
their name tags designations
- All police personnel who handle interrogation , then such case of
interrogation must be recorded in a register.
- A person who has been arrested and detained in police custody should be
entitled to inform a friend or a relative or a person interested in his
welfare as soon as possible of his arrest and detention.
Rights of Arrested person- The Indian constitution gives equal rights to an
accused person under the Code of criminal procedure, 1973 of being heard fairly
and a chance to defend himself. The protection has been provided as a special
fundamental right, under Part III [Under Article 20(3)] of the Constitution of
India. It provides that no person who is accused of an criminal offence can be
compelled to be a witness against himself.
A person cannot be arrest without being informed of the grounds of the arrest
neither can stop him from the right to consult a lawyer/advocate and to Free
Legal Aid of his choice to defend himself. Women can only be arrest in presence
of female police officer and arrest should be made before between the period
of sunrise and sunset , except in exceptional cases and with the permission of
the local magistrate.