Arrest without a warrant is a critical legal power granted to police officers in India to maintain law and order and prevent the commission of crimes. This type of arrest is governed by specific provisions of the Criminal Procedure Code (CrPC), 1973, and is subject to various procedural and constitutional safeguards.
What is Arrest Without Warrant?
- Arrest without warrant refers to the legal power of a police officer to detain a person suspected of committing a cognizable offence without obtaining prior approval from a magistrate.
- It is generally exercised in situations where immediate intervention is necessary to prevent further harm, destruction of evidence, or escape of the accused.
Legal Provisions Under CrPC
Section 41 of CrPC, 1973
This is the primary provision that empowers the police to arrest without a warrant in certain cases:
- If a person commits a cognizable offence in the presence of a police officer.
- If a police officer has reasonable suspicion or credible information that a person has committed a cognizable offence punishable with imprisonment up to seven years, and:
- The arrest is necessary to prevent further offence.
- The arrest is needed for proper investigation.
- The person may tamper with evidence or influence witnesses.
- The person may not appear before the court when required.
Section 41A – Notice of Appearance
- Instead of arrest, police may issue a notice for appearance to the accused if the offence is not serious.
- Arrest without complying with this notice can be challenged in court.
When Can a Person Be Arrested Without a Warrant?
- Committing a cognizable offence (e.g., murder, theft, rape).
- Proclaimed offender or one who has escaped custody.
- Possession of stolen property or weapons illegally.
- Obstruction of police duty or refusal to give identity.
- Violation of probation conditions or conditional release.
- Failure to comply with Section 41A notice.
Procedural Safeguards and Rights of Arrested Persons
- Police must record reasons for arrest in writing (as per Section 41(1)(b)).
- The arrested person must be informed of the grounds of arrest and their right to bail.
- Police must inform relatives or friends of the arrested person.
- The arrested individual must be produced before a magistrate within 24 hours.
- Women must be arrested only by female officers and not after sunset, except under special circumstances.
Important Judgments
D.K. Basu v. State of West Bengal (1997)
- Supreme Court issued guidelines for arrest and detention.
- Mandatory maintenance of arrest memo, medical examination, and right to inform relatives.
Arnesh Kumar v. State of Bihar (2014)
- Directed police to avoid unnecessary arrests, especially in cases punishable with less than 7 years imprisonment.
- Reinforced the use of Section 41A before arrest.
Consequences of Illegal Arrest Without Warrant
- Violation of fundamental rights (Article 21 – Right to Life and Liberty).
- Compensation may be granted by courts.
- Disciplinary action against the arresting officer.
- Victim can file a writ of habeas corpus in High Court or Supreme Court.