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In which conditions can police arrest without a warrant?

In which conditions can police arrest without a warrant?

There might be circumstances where prompt and immediate arrest is needed and there is no time to approach a magistrate and obtain a warrant from him. For instance, in a case where a serious crime has been perpetrated by a dangerous person and there is every chance of the person absconding unless immediately arrested, it would be unwise to insist on the arrest being made only after obtaining a warrant from a magistrate.

There may be occasions when preventive action may be necessary in order to avert the danger of sudden outbreak of crime and immediate arrest of the trouble maker may be an important step in such preventive action. In such cases, often the arrest decision will have to be made by a person other than judicial magistrate.

Thus, the Criminal Procedure Code empowers the police to arrest without warrant under some such situations (section 41, 151). The police can pursue a person in any place in India to arrest without warrant (Section 48). However, to ensure that such powers are not misused by the police, the Code stipulates in Section 56 that every person arrested without warrant is required to be produced before the judicial magistrate within 24 hours of his arrest (section 56). Further detention is illegal unless permitted by a competent judicial magistrate (section 57, 167).

This is one of the fundamental rights also enshrined in Article 22(2) of the Constitution of India. Under Section 58, the SHO of the police station is under a duty to report to the District Magistrate or SDM the cases of all persons arrested without warrant.


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