ASSIGNMENT 1

RAKSHITA SENGAR

BA.LLB

4 Yr.

1180992039

1.State the cases under which police may arrest without warrant?

When a person commits a cognizable offense in the presence of a police officer

The cognizable offense is defined in section 2(c) of the Code. When a particular offense is designated
as such in Schedule I of the Code as a cognizable offense, it is called a cognizable offense. Cognizable
offenses are usually offenses that are serious in nature. When a reasonable complaint is made
against a person or credible information has been received, or a reasonable suspicion exists that
such person has committed a cognizable offense 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: he police officer has reason to believe based on such complaint,
information, or suspicion that such person has committed the said offense;

the police officer who is arresting is satisfied that the following conditions have been fulfilled-

To prevent such person from committing any additional crime; or

For proper facilitation of the investigation of the crime; or

To stop such person from causing the proof of the crime to disappear or tampering with such
evidence in any manner; or

To restrain such person from making any inducement, threat or promise to any person acquainted
with the facts of the case so as to stop him from disclosing such facts to the Court or to the police
officer; or 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, and when the
police officer does not make an arrest, he shall also write the reasons for not making the arrest.

Against whom credible information has been received that he has committed a cognizable offense
punishable with imprisonment for a term which may extend to more than seven years whether with
or without fine or with a death sentence, and the police officer has reason to believe based on that
information that such person has committed the said offense.

The person so being arrested is a proclaimed offender by the Central or the State Government.

When the person being so arrested is in possession of the stolen property and who may reasonably
be suspected of having committed an offense with reference to such thing.
When the person being so arrested obstructs a police officer while in the execution of his duty.

When the person being so arrested has escaped or attempted to escape from lawful custody.

When the person being arrested reasonably suspected of being a deserter from any of the Armed
Forces of the Union. 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 offense, and for which he is, under any law relating to extradition, or
otherwise, liable to be apprehended or detained in custody in India.

When the person being arrested is a released convict, commits a breach of any rule under
subsection (5) of section 356.

A requisition is made or received from any other police officer. The requisition must specify the
person to be arrested with the crime that was committed by him. The requisition may be in writing
or be oral.

2. Can there be an arrest without warrant under non-cognizable offence?

If a person committed a non-cognizable offence in front of the police officer or accused of such
offence person is not cooperating with the police officer, not giving your name and residential
address or gave wrong information in such a case police officer may arrest you without warrant

Question arise what happen after such arrest

As defined in section 42 [3]of CRPC In this it is said that even after such arrest if you fail to provide
following required information in given 24 hour from time of your arrest

Correct name

Correct residential address

Applicable bond

Sureties

Sureties means a guarantor that is a person take responsibility on your behalf or takes under taken
that you will acquire in court would whenever need arises in such a case person will be produce to
the nearest magistrate whose jurisdiction person had arrested and now you may have the question

What to do if person are arrested to such offence without warrant

As define section 42 [2]it is defined that if a person is arrested without warrant for such non
cognizable offence all you need to do is give the correct name address along with the bond you will
be realized . However person may also need to give security that is insurance appearance in the
court such need arises. if person is not an Indian resident then person bond essentially should secure
by security or by sureties resident on India