Under what circumstances Police may arrest a person without warrant ?

WHEN POLICE MAY ARREST WITHOUT WARRANT : 

According to Section 35 of the Bharatiya Nagarik Suraksha Sanhita,2023

Any police officer may arrest a person without an order from a Magistrate and without warrant –

Who commits a cognizable offence in presence of a police officer.

If any complaint has been made against a person or a reasonable suspicion exists that a person 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 condition are  satisfied–

  • To prevent any person from committing any further offence.
  • For the proper investigation of the offence.
  • To prevent such person from tampering with such evidence in any manner.
  • 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.
  • As unless such person is arrested , his presence in the court whenever required cannot be ensured.
  • If any person committed a cognizable offence punishable with imprisonment for a term which may extend to more than seven years or with death sentence.
  • Who has been proclaimed offender as an offender.
  • In whose possession anything is found which may reasonably suspected to be stolen property.
  • Who obstruct a police officer while in the execution of his duty.
  • Who  is reasonably suspected of being a deserter from any of the Armed forces of the Union.
  • Who being a released convict , commits a breach of any rule made under sub sec.5 of section 394.
  • Any requisition has been received whether written or oral from another police officer

You May Also Like

About the Author: Admin

Leave a Reply

Your email address will not be published. Required fields are marked *