Power of Police Officers under CrPC

Power to Arrest

Arrest without Warrant

Section
41

person who has committed cognizable offence;

person who has been proclaimed offender;
in possession of stolen property;
person who obstructs a police officer;
person being a deserter from any of the armed forces;
person being a deserter from any of the armed forces;
under any law relating to extradition;
person being a released convict;
arrest on requisition

Arrest without Warrant

Sectio
n 42

Any person who, in the presence of a Police officer, has committed a noncognizable offence refused to give his name and address

Secti
on 60

If a person in lawful custody escapes or is rescued, the person from whose

custody he escaped or was received may immediately pursue and arrest
him in any place in India

Sectio
n
129(2
)

Any officer in charge of a Police Station or in the absence of such officer in

charge, any Police officer, not below the rank of a Sub-Inspector, while
dispersing any unlawful assembly, if necessary, may proceed to arrest and
confine the persons who form part of the unlawful assembly in order to
disperse such assembly or that they may be punished according to law

Arrest without Warrant

Sectio
n 151
Secti
on
300(3
)
Sectio
n
432(3
)

Any person (or group of persons) designing to commit any cognizable offence can
be prevented by the arrest at any place in territory of India

A person convicted of any offence constituted by any act causing consequences

which, together with such act, constituted a different offence from that of which he
was convicted, may be afterwards tried for such last-mentioned offence, if the
consequences had not happened, or were not known to the court to have happened,
at the time when he was convicted

If any condition on which a sentence has been suspended or remitted is, in the
opinion of the appropriate government, not fulfilled, the appropriate government
may cancel the suspension or remission, and thereupon the person in whose favour
the sentence has been suspended or remitted may, if at large, be arrested by any
Police officer without warrant

Arrest with Warrant

Police has no power of arrest without warrant in a non-cognizable offence
except under Section 42 Cr.PC
Executed after directed by a court or Magistrate under Sections 72, 73 and
74 Cr.PC, 1973
A person arrested under a bailable warrant should not be compelled to
come to the Police Station to give bail. The officer executing the warrant
should take necessary bail bond form with him and take bail, where
offered, and release the warrantee
In bailable cases, bail is a right and not a favour. The bail demand should
never be excessive but should be fixed with reference to the social status
of the prisoner and the character of the offence
Arrest during investigation is also made under the watchful eyes of the
Magistrate and Sec. 157, 167, 170, and 173 of Cr.PC are relevant in this
connection

Arrest Procedure
Peaceful arrest--- By touching the body without causing any hurt
(Sec 46(1))
Arrest by Force --- Police can use all means necessary (Sec 46(2))
Death of a person during arrest is not acceptable who is not
accused of an offence punishable with death or imprisonment for
life (Sec 46(3))
Premises where person sought to be arrested can be searched
without Warrant (Sec 47)
Person can be arrested even outside jurisdiction if the Police
Officer is authorized to arrest ( Sec 48)

Arrest Procedure
Where the arrest is without a warrant, the person arrested has to be immediately
informed of the ground of arrest in a language which he or she understands. Again,
for this purpose, the Police if necessary may take the help of respectable citizens.
These grounds must have already been recorded in writing in Police records. The
person arrested should be shown the written reasons as well and also given a copy
on demand. He shall also be informed about his right to bail in case of non-bailable
offences (Sec 50 (1))
Search of Arrested Person --- Before Custody, search of arrested person shall be
carried out and all items received shall be kept in safe custody ( Sec 51)
Power to seize offensive weapons (Sec 52)
Medical examination by a registered Medical Practitioner on request of Police Officer
(Sec 53, Sec 54)
The person under arrest must be produced before the appropriate court within 24
hours of the arrest (Sec 56, Sec 57)

Judicial Interventions
The power to arrest without a warrant should be exercised only after a reasonable
satisfaction is reached, after some investigation, as to the guidelines and bonafides
of a complaint and a reasonable belief as to both the persons complicity as well as
the need to effect arrest [Joginder Kumars case (1994) 4 SCC 2006]
The use of handcuffs or leg chains should be avoided and if at all, it should be
resorted to strictly in accordance with the law repeatedly explained and mandated
in Judgement of the Supreme Court in Prem Shanker Shukla Vs Delhi
Administration [ (1980) 3 SCC 526] and Citizen for Democracy Vs State of Assam
[(1995) 3 SCC 743]
Apart from informing the person arrested of the above rights, the Police should also
inform him of his rights to consult and be defended by a lawyer of his choice. He
should also be informed that he is entitled to free legal aid at state expense [D.K.
Basus case (1997) 1 SCC]

Legislative Amendments
Section 41 A --- Notice of appearance before Police (2009)
Section 41 B --- Procedure of Arrest (2010)
Section 41 C --- Control Room at Districts (2010)
Section 41 D --- To meet advocate of choice
Section 50 A --- To inform a nominated person regarding arrest (2005)
Section 53 A --- Examination of a rape accused by medical practitioner
Section 55 A --- Health and safety of persons in custody
Arrest of women accused only by women officers and not after sunset (
Sec 46(1) and Sec 46(4))

Power of Police Officers under CrPC

Power of Preventive Detention and

Investigation

Public Order and Preventive

Detention
Commanding dispersal of an unlawful assembly, or an assembly
of five or more persons and use of force in case of violation of
orders (Sec 129)
Police shall prevent commission of a cofnizable offence (Sec 149)
Communication of information
cognizable offence (Sec 150)

regarding

commission

of

Preventive Detention and arrest without warrant and without

Magistrates permission (Sec 151)
Prevention of injury to public property (Sec 152)
Inspection of weights and measures (Sec 153)

Powers of Investigation
Power to require attendance of witnesses (Sec 160)
Power to examine witnesses (Sec 161)
Power to search premises for collecting evidence or in
aid of investigation (Sec 165)
Recording of investigation proceedings in a Case diary
(Sec 170)
Power to file Charge sheet for prosecution at the end of
investigation
Inquiry and report on Suicide Cases (Sec 174)
Power to summon persons for inquiry into suicide cases