Procedure to arrest a person
Ranjeet Singh chauhan
(Querist) 03 December 2009
This query is : Resolved
Hi All,
I am new in this club and hope that I will get the postive response on this..
Please provide me the datails about the procedure need to be followed by the police if they are goin to arrest a person in cognigable and non cognigable offence related matters......
Ranejet Singh Chauhan
Social Empowerment and Welfare Assocation (SEWA), President
Arvind Singh Chauhan
(Expert) 03 December 2009
provisions are lengthy. Please go through the chapter 5 of Criminal Procedure Code.
Raj Kumar Makkad
(Expert) 03 December 2009
I do agree with Arvind, Whole Criminal Procedure Code cannot be told here.
prakash vathore
(Expert) 03 December 2009
i dont know why ur bothering ur self it is the duty of the police and they know it very well how and when to arrest the person.
Advocate SK Rohilla New Delhi
(Expert) 03 December 2009
The procedure to be followed can be better explain by some SHO or Commissioner but I can guide you on point of law. These are:
1. Cognizable offence: Police has ample power to arrest in case of cognizable offence and can arrest the wrongdoer without warrant stating the ground of arrest.
2. Non cognizable offence: Police officer cannot arrest without warrant of arrest, issued by magistrate in case of non cognizable offence howver police can also arrest in case of non cognizable under under special circumstance.
However, in both case, the police must inform the ground of arrest and his right to bail in case of bailable offence.
Thanks
Ranjeet Singh chauhan
(Querist) 03 December 2009
Hi,
I really flushed out with the excitment that this club is really active and its really good for me and other NGOs who want to clarefy doubt as common man like me don't have proper understanding about my rights, so Now I believe that you guys will help me in all sort of advisery information which I would love to ask,
Thanks a lot to arvind,raj kumar makkad,prakash vathore,SK Rohilla for your comments on this
Ranjeet
9211318778.
Feroz M Shafeeque
(Expert) 03 December 2009
Apart from the procedures as mentioned by experts citing CrPC, police should also follow the guidelines set up by Supreme Court in D.K Basu Vs State of W.Bengal while arresting a person.
Most of the arrest in non cognizable offences are done as per Sec 42 of CrPC for concealing personal information.
