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Ravikant Soni (LAWYER IN JAIPUR)     04 March 2011

it means now police can not arrest in 109 and 110 CrPC

As i noticed in latest amendments in CrPC i.e. in sec 41. The subsection 2 has been substituted.

the subsection 2 of sec 41 before amendment was as under :

(2) Any officer in charge of a police station may, in like manner, arrest or cause to be arrested any person, belonging to one or more of the categories of persons specified in section 109 or section 110. 

It means now police can not arrest any person belonging specified as section 109 and 110 CrPC.

I request the forum members, dont you think so??



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 2 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     04 March 2011

It doesn't mean that police cannot arrest the persons categorised in section 109 and 110 of Cr. P.C. rather it means police cannot arrest them without warrant. It only means warrant is required to arrest them as sections 109 and 110 have not been substituted and those are intact.

Ravikant Soni (LAWYER IN JAIPUR)     05 March 2011

i meant that.


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