Section 41(1)(b)(ii)

Hello, 

If you could be more specific with respect to the facts we could assist you better. I assume you’re talking about the checklist under section 41(1)(b) of the CrPC.

Section 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,-
   1. who commits, in the presence of a police officer, a cognizable offence;
   2. against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence punishable with imprisonment for a term which may be less than seven years or which may extend to seven years whether with or without fine, if the following conditions are satisfied, namely:-
      1. the police officer has reason to believe on the basis of such complaint, information, or suspicion that such person has committed the said offence;
      2. the police officer is satisfied that such arrest is necessary,-
         1. to prevent such person from committing any further offence; or
         2. for proper investigation of the offence; or
         3. to prevent such person from causing the evidence of the offence to disappear or tampering with such evidence in any manner; or
         4. to prevent such person from making any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the police officer; or
         5. as unless such person is arrested, his presence in the Court whenever required cannot be ensured, and the police officer shall record while making such arrest, his reasons in writing.
            
            (ba) against whom credible information has been received that he has committed a cognizable offence punishable with imprisonment for a term which may extend to more than seven years whether with or without fine or with death sentence and the police officer has reason to believe on the basis of that information that such person has committed the said offence; or
   3. who has been proclaimed as an offender either under this Code or by order of the State Government; or
   4. 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
   5. who obstructs a police officer while in the execution of his duty, or who has escaped, or attempts to escape, from lawful custody; or
   6. who is reasonable suspected of being a deserter from any of the Armed Forces of the Union; or
   7. 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
   8. who, being a released convict, commits a breach of any rule made under Sub-Section (5) of section 356; or
   9. for whose arrest any requisition, whether written or oral, has been received from another police officer, provided that the requisition specifies 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. Subject to the provisions of section 42, no person concerned in a non-cognizable offence or against whom a complaint has been made or credible information has been received or reasonable suspicion exists of his having so concerned, shall be arrested except under a warrant or order of a Magistrate.

Thank you

Dear Mohammed Khan,

Thank you for your query! I am Aadil and I will try to answer your question.

The short answer to your question is that the aforementioned section of the CrPC deals with the conditions that have to be met for the police officer to arrest an individual for an offence without a warrant.

It prescribes that the police officer must be satisfied that this person has to be arrested for any of the following reasons:

1. To prevent this person from committing any more offences;

2. To ensure that the investigation is conducted properly;

3. To prevent this person from tampering with the evidence;

4. To prevent this person from making any threat or promise so as to prevent an individual from disclosing information that is vital to the case in hand;

5. To ensure the presence of this individual in Court if arresting them is the only way to do so.

The Bharatiya Nagarik Suraksha Sanhita mentions the same in its Section 35(1)(ii).

I hope this helps. Thank you for your time and patience!

Regards,

Aadil