Information of more serious offence- A person may be arrested without an
order of magistrate against whom a credible information has been received,
or complaint has been made, or reasonable suspicion exists that a person has
committed a cognizable offence punishable with more than seven years
imprisonment, or with death sentence; or
Proclaimed offender- A person who has been declared as an offender either
under the provisions code of criminal procedure or by the order of the state
government; or
Stolen Property- A person in whose possession stolen property is found and
he has reason to believe that the property is his possession is stolen property
and suspicion exists that he has committed an offence with reference to such
property; or
Obstruct- When a person obstructs or resist a police officer while
performing his official duty or such person escaped or attempt to escaped
from lawful custody; or
Desert from army- A person deserts from any of the Armed Forces of the
Union; or
Extradition- If a person commits an offence outside the India, then such
offence shall be deemed to be committed in India and such person shall be
liable to be prosecuted in India for that offence and such person can be
arrested by the police officer in India; or
Released convict- If a released convict commits to breach any of the
conditions on which he has been released; or
Another police station- If the order has been received whether in writing or
oral, from another police station that such person is to be arrested and
specify that he has committed such offence.
In section 41 of CrPC, used the term ‘may’ instead of must or something
obligatory term which clearly explains that police officer is not bound to make
arrest under section 41.
In Amarawati and Anr. Vs State of U.P , It was held by the honourable court
that ‘may’ cannot be interpreted as ‘must’ or ‘shall’.
In Arnesh Kumar Vs. State of Bihar and Anr. , the supreme court clearly states
that an accused arrested without warrant has fundamental right as guaranteed
under Article 22(2) of the constitution of India and section 57 of the code of
criminal procedure to be produced within 24 hours of his arrest before the
magistrate without any unnecessary delay and the police officer must satisfy the
court why was the arrest necessary without warrant.
Arrest by Private person-
Section 43 of the code of criminal procedure, 1973, a private person is
authorised to arrest another person if such person, in his presence, commits a
non-bailable and cognizable offence or he is proclaimed offender and private
person is bound to make over to arrested person to the nearest police station or a
police officer without any unnecessary delay. The police officer shall re-arrest
him under section 41 of the code if he thinks fit to do so.
There are two conditions and any one of them must be fulfilled:
A person commits a non-bailable offence and cognizable offence; or
A person is a proclaimed offender.
Arrest by Magistrate-
The provision of arrest by magistrate contained under section 44 of the code, if
a person is committed any offence in the presence and local jurisdiction of
executive or judicial magistrate, the magistrate may arrest such person himself
or order any police officer to arrest the offender.
The above-mentioned section requires two conditions:
An offence is committed in the presence of magistrate, and
An offence is committed in his local jurisdiction.
Other provisions regarding arrest
Section 50 of CrPC says that every police officer or any other person who is
authorised to arrest a person without a warrant should inform the arrested
person about the offence for which he is arrested and other grounds for such
an arrest.
It is the duty of the police officer and he cannot refuse it. Section 50A of
CrPC obligates a person making an arrest to inform of the arrest to any of his
friends or relative or any other person in his interest. The police officer
should inform the arrested person that he has a right to information about his
arrest to the nominated person as soon as he is put under custody.
Section 55 of CrPC states that whenever a police officer has authorised his
subordinate to arrest any person without a warrant, the subordinate officer
needs to notify the person arrested of the substance of written order that is
given, specifying the offence and other grounds of arrest.
Section 75 of CrPC says that the police officer (or any other officer)
executing the warrant should notify the substance to the person arrested and
