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Can The Police Arrest Without A Warrant?

The provision of Arrest is given in Chapter V from section 41 to section 60 of the Code of Criminal Procedure, 1973.
According to The Legal Glossary, Government of India, 'Arrest means the restraining of the liberty a person in order to compel obedience to the order of the court of justice or to prevent the commission of the crime or to ensure that a person charged or suspected of a crime may be forthcoming to answer it. According to section 41 (1), Any police officer may without an order from a Magistrate and without a warrant, arrest any person:
  1. who has been concerned in any cognizable offence, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been so concerned; or
  2. who has in his possession without lawful excuse, the burden of proving which excuse shall lie on such person, any implement of house-breaking; or who has been proclaimed as an offender either under this Code or by order of the State Government; or
  3. in whose possession anything is found which may reasonably be suspected to be stolen property and who may reasonably be suspected of having committed an offence with reference to such thing; or
  4. who obstructs a police officer while in the execution of his duty, or who has escaped, or attempts to escape, from lawful custody; or
  5. who is reasonably suspected of being a deserter from any of the Armed Forces of the Union; or
  6. who has been concerned in, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been concerned in, any act committed at any place out of India which, 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; or
  7. who, being a released convict, commits a breach of any rule made under sub-section (5) of section 356; or
  8. for whose arrest any requisition, whether written or oral, has been received from another police officer, provided that the requisition specifies the person to be arrested and the offence or other cause for which the arrest is to be made and it appears therefrom that the person might lawfully be arrested without a warrant by the officer who issued the requisition

A police officer can arrest a person without an order from a Magistrate and without a warrant if against him 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.

Though the power of arrest is given to the police, the section 41A also provides that the police officer shall, in all cases where the arrest of a person is not required under the provisions of sub-section (1) of section 41, issue a notice directing the person 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, to appear before him or at such other place as may be specified in the notice.

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