CrPC 41 — When police may arrest without warrant

Code of Criminal Procedure, 1973

Statutory text

(1) Any police officer may without an order from a Magistrate    and without a warrant, arrest any person—

[(a) who commits, in the presence of a police officer, a cognizable offence;
(b)  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:—
(i)  the  police  officer  has  reason  to  believe  on  the  basis  of  such  complaint,  information,  or
suspicion that such person has committed the said offence;
(ii) 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
(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:

[Provided that a police officer shall, in all cases where the arrest of a person is not required under the provisions of this sub-section, record the reasons in writing for not making the arrest.];
(ba)  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;]
(c) who  has  been  proclaimed  as  an  offender  either  under  this  Code  or  by  order  of  the  State
Government; or
(d) 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
(e) who  obstructs  a  police  officer  while  in  the  execution  of  his  duty,  or  who  has  escaped,  or
attempts to escape, from lawful custody; or
(f) who is reasonably suspected of being a deserter from any of the Armed Forces of the Union; or
(g) 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
(h) who,  being  a  released  convict,  commits  a  breach  of  any  rule  made  under  sub-section  (5)  of
section 356; or

 (i) 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.

[(2) 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.]

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