arrest

Practical aspects of sections 41 and 42, CrPC.- A reading of the above provisions and, in particular, of Sections 41 and 42 shows the widdth of the power of arrest vested in police officers. Take for example, the ground in clause (b) of Section 41.

It empowers a police officer to arrest a person who is in possession of “any implement of house breaking” and the burden is placed upon that person to satisfy that possession of such implement is not without “lawful excuse”. What does an “implement of house breaking” mean? Any iron/steel rod or any implement used by way-side repairers of punctured tyres can also be used for house breaking.

Similarly, clause (d). Any person found in possession of stolen property “and who may be reasonably suspected of having committed an offence with reference to such thing.”

The situations covered by it are:

(i) a person who is “concerned in any cognizable offence”,

(ii), a person against whom a reasonable complaint is made that he is “concerned in a cognizable offence”;

(iii) a person against whom “credible information” is received showing that he is “concerned in any cognizable offence” and

(iv) a person who is reasonably suspected of being “concerned in any cognizable offence”.

Wider powers of arrest under section 151, CrPC.- Added to these provisions are the preventive provisions in the Code of Criminal Procedure which empower the police to arrest persons. Section 151 empowers a police officer to arrest any person, without orders from a Magistrate and without warrant, “if it appears to such officer” that such person is designing to commit a cognizable offence and that the commission of offence cannot be prevented otherwise. 

Hi

Thank you for asking

Instead of IPC arrest covered under CRPC

Chapter five of the Code of Criminal Procedure, 1973 deals with the arrest of persons. Section 41 is the main section providing for situations when Police may arrest without warrant.

“41. When police may arrest without warrant.- (1) Any police officer may without an order from a Magistrate and without a warrant, arrest any person-

a) who has been concerned in any cognizable offence, or against whom a reasonable complaint has been made or credible information has been received, or a reasonable suspicion exists, of his having been so concerned; or 

b) who has in his possession without lawful excuse, the burden of proving which excuse shall lie on such person, any implement of house-breaking; or 

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 specified 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. 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.” 

Hope this will help you

Best regards

Akshay Gupta