Kevin Moses Paul
01 March 2021
The main object of criminal law is to protect society from criminals and lawbreakers. The criminal law consists of both procedural law and substantive law. In India, substantive law is the Indian Penal Code, 1860 and procedural law is the Code of Criminal Procedure, 1973.
The procedural aspects of arrest are laid down in the Code of Criminal Procedure, under this, the complete process is mentioned related to the arrest of a person who has committed any offence. Chapter V of the Code of Criminal Procedure, 1973 deals with the arrest of a person under Section 41 to 60.
Generally, the term "arrest" in it's ordinary sense, means the apprehension or restraint or the deprivation of one's personal liberty.
The Code of Criminal Procedure (CrPc), 1973 in its Chapter V (section 41 to 60) deals with Arrest of a person. However, the irony is, that the Code has not defined the term "Arrest".
Only the deprivation of liberty by legal authority or at least by legal apparent authority, in a professionally competent and adept manner amounts to arrest.
According to law, under the following situations a police officer may arrest a person without a warrant.
The condition to arrest a person without warrant mentioned under Section 41 of the code are as follows, any person:
# Who has been involved in a cognizable offence such as murder, rape, theft or is suspected to be so involved of having committed a cognizable offence punishable with imprisonment of 7 years or more or against whom a complaint has been received has been received of such involvement
# Who has been in possession of any housebreakingweapon without any lawful excuse.
# Who has been proclaimed as an offender either under Criminal Procedure Code or any other order by state government or any law in force.
# Who obstructs any police officer while performing his duty or who have escaped or make attempts to escape from lawful custody.
# Who has been concerned in any law or against whom a reasonablecomplaint has been made or credible information has been received, of his having committed involved in an act committed at any place outside India, if committed in India would be punishable of an offence and for which he is under law relating to extradition or otherwise, liable to be apprehended or detained in custody of India.
# Who is reasonably suspected of being a deserter from any of the Armed forces of the Union.
# Who being released as a convict, commits a breach of any rule mentioned under subsection 5 pf section 356 i.e., the state government may be notification make the rules to carry out the provisions of this section relating to the notification of residence or change of residence.
However, in certain circumstances a person whose arrest requisition has been received from another police officer, provided that the requisition must specify the person to be arrested and the reason for which the arrest is to be made and it appears that the person must be lawfully be arrested without a warrant.
I hope that the above given information helps you clear your doubts.
Regards
Kevin M. Paul
