Police Officer Arrest Without Arrest Warant

ARREST - PHYSICAL RESTRAINT PUT ON A PERSON WITH ALLEGATION (FIR)

DETENTION - PHYSICAL RESTRAINT PUT ON A PERSON WITHOUT ALLEGATION (NO FIR)

Above definition as per State of Punjab v Ajaib Singh, AIR 1953 SC 10.

Hence in my view, a  police officer can legally detain a person for a period of less than 24 hours without levelling any allegation on the detainee in view of S.57 of Cr.P.C.

Technically, an arrest is the beginning of the detention. But, In the absence of any proof like FIR ETC. one cannot say a person is arrested in the strict legal sense. Therefore in the absence of proof of arrest, there can be detention which may not be illegal if it is less than 24 hours. However if one can prove detention of more than 24 hours and there is no FIR or proof of arrest the concerned police officer would be liable for criminal consequence.

Dear Scholars,

I humbly submit the following facts for your kind consideration:

any police officer arrest any person without any FIR and warrant

(i) u/s 41 of Cr.P.C.( gives list)

(ii) u/s 42(1)

(iii) All preventive detentions u/s 151(1) Cr.P.C.

As far as S155 is concerned the registering or reducing in writing in NC cases.

is not prohibited but investigation is prohibited

hey friends,

you all are right and nothing much is left to say about..

both meenakshi and adesh have discussed in details..

one more thing i would like to add its that FIR is not mandatory for arresting a person who is suspect of having committed a crime.. section 41 cr.p.c. supports this view.. further, in police act of concerned state there are other powers given to police.. moreover under preventive measure such as sec. 107, 116, 151, cr.p.c. also police can arrest a person without registration of fir...

furthermore as per section 157 cr.p.c. If, from information received or otherwise, an officer in charge of a police station has reason to suspect the commission of an offence which he is empowered under section 156 to investigate, he shall forthwith send a report of the same to a Magistrate empowered to take cognizance of such offence upon a police report and shall proceed in person, or shall depute one of his subordinate officers not being below such rank as the State Government may by general order, prescribe in this behalf, to proceed, to the spot, to investigate circumstances of the case, and, if necessary to take measures for the discovery of the offender:

the report mention in sec. 157 cr.p.c. is occurence report and on recipt of any information about occurence of any crime police can proceed to the spot after wrting the occerence report and later on fir can be registered after police officer come backs from the spot...

i hope my ideas would find support from experts like you..

Hi All,

Thanks for such valuable and enlightening inputs.

Best regards

Daksh

Dear friend i am javed ahmed from HUbli Karnatak.. 

one of my brother married to the intercaste Girl.. that reason police and that girl family  hurrashed to my hole family by volgar words they use to call tthe police station to me and to my elder brother and very very bad words using on as its like more harrasment to our soul... they did all illegal thing with they power .. after some days they lodge the kidnap case on as.. then we went to the high court we put the case on Habeas Corpus Act then from  the high court we won that witch they lodge that complaint was false.. now we are fine at that time i was filed the complaint through the Human rights now  police comissionor calling me to compromise... 

so i want to know the what i can do if we alway com-pro like this then always some police people harrash to Innocent kindly tell me how can i proceed are just quit the case 

JAVED AHMED

9738727333        

Dear friend i am javed ahmed from HUbli Karnatak.. 

one of my brother married to the intercaste Girl.. that reason police and that girl family  hurrashed to my hole family by volgar words they use to call the police station to me and to my elder brother and very very bad words using on as its like more harrasment to our soul... they did all illegal thing with they power .. after some days they lodge the kidnap case on as.. then we went to the high court we put the case on Habeas Corpus Act then from  the high court we won that witch they lodge that complaint was false.. now we are fine at that time i was filed the complaint through the Human rights now  police comissionor calling me to compromise... 

so i want to know the what i can do if we alway com-pro like this then always some police people harrash to Innocent kindly tell me how can i proceed are just quit the case 

JAVED AHMED

9738727333        

       The legal position seems to be not clear in this aspect:

       Because, Section 41 cr.p.c which deals with provisions as to WHEN POLICE MAY ARREST WITHOUT WARRANT does not say that FIR should be registered before arrest.

        However Police Standing Orders say that once a complaint is received, FIR has to registered even before starting investigation. For instance PSO 551 (TN) makes a mandatory provision for it. Hon'ble Supreme Court has also time and again held that FIR should be registered when the compliant discloses commission of cognizable offence. Further section 157 says about sending sending a 'report' 'forthwith' before starting investigation.

         As per the present legal trend, FIR ought to be registered at once if the compliant prima facie discloses commission of a cognizable offence.

The legal position seems to be not clear in this aspect:

       Because, Section 41 cr.p.c which deals with provisions as to WHEN POLICE MAY ARREST WITHOUT WARRANT does not say that FIR should be registered before arrest.

        However Police Standing Orders say that once a complaint is received, FIR has to registered even before starting investigation. For instance PSO 551 (TN) makes a mandatory provision for it. Hon'ble Supreme Court has also time and again held that FIR should be registered when the compliant discloses commission of cognizable offence. Further section 157 says about sending sending a 'report' 'forthwith' before starting investigation.

         As per the present legal trend, FIR ought to be registered at once if the compliant prima facie discloses commission of a cognizable offence.