BAHRA COLLEGE

OF LAW, PATIALA

GROUNDS UNDER
WHICH A POLICE
OFFICER CAN
MAKE AN ARREST
 Introduction

 ARREST- an action of physical detention of

a person by the concerned authority.

 Stopping of a person by authority of law

usually for the purpose of bringing a
prosecution against the person arrested.

 Indian legal system has no specific

definition.

 CASE: State of Punjab v. Ajain Singh- the

Supreme Court defined arrest as “
indicating physical restraint of a person
under the authority of law in respect of an
alleged accusation or default or violation
of law”.
Arrest under CrPC

Chapter V (CrPC, 1973)- Arrest

of Persons:
Arrests are basically of two types:-

i. Arrests made in pursuance of a war

• Warrant is issued and signed, commanding a Police Offic
the person named in it.

ii. Arrests made without a warrant

• Decision to make arrest lies on the Police officer or in som
WHO CAN MAKE
ARREST?

• A POLICE OFFICER
1. • Section – 41, 41A, 42

• A PRIVATE PERSON
2. • Section - 43

• A MAGISTRATE
3. • Section - 44
GROUNDS UNDER WHICH
A POLICE OFFICER CAN
MAKE ARREST

 SECTION 41 : WHEN A POLICE

OFFICER MAY ARREST WITHOUT
WARRANT

 This section lays 10 grounds :

 i. Sec – 41(1)(a): when a

cognizable offence is
committed in the presence of a
police officer- he may arrest
 ii. Has committed a
cognizable offence
punishable up to 7
years of imprisonment

 Section 41(1)(b) – against whom a

reasonable complaint has been made, or a
credible information has been received or
a reasonable suspicion exists
 Sec. 41(1)(b)(i)- the Police Officer has
reason to believe that such person has
committed the offence
 Sec. 41(1)(b)(ii)- five situations:
 Prevent from committing further offence
 For proper investigation of the offence
 Case:
Prevent tampering or causing evidence to disappear
Arnesh
 To induce, threaten or promise any person concerned to the
case Kumar v.
State of
 Necessary to ensure presence in Court Bihar
- record in writing the reasons
Parameters in
Sec. 41(1)(b) are
needed to be
satisfied-
otherwise no
legal arrest could
be made.
iii. Has committed a
cognizable offence
punishable with
imprisonment of more than 7
years or death sentence

 Section 41(1)(ba)

 Credible information received

and has reason to believe on
the basis of that information
that such person has
committed it, the Police Officer
my arrest without warrant.
 iv.Proclaimed offender
[Section 41(1)(c)]
Under CrPC or any other law

 V.Who is possession of
stolen property
[Section 41(1)(d)]
Stolen property found in possession and
reasonable believed or suspected to be
stolen by him.
 vi. Obstructs police officer: [Section
41(1)(e)]
- while performing his duty or
escapes or attempts to escape from
lawful custody.

 vii. Deserter from armed forces:

[Section 41(1)(f)]
- reasonably suspected

 viii. Guilty under extradition law:

[Section 41(1)(g)]
- reasonable complaint made or
credible information received under any
law relating to extradition or is liable to
be apprehended or detained in custody
in India.
ix. Breached any rule under section
356 (5):
[Section 41(1)(h)]
- arrest released convict for
breach of rule made by State
Government – change or absence
from their residence.

x. for whose arrest any requisition

has been received:
[Section 41(1)(i)]
- from other Police officer

 Case: D. K. Basu v. State of West Bengal

- existence of power is one thing and
exercise of that power is another thing.
Discouraged Police officer from making
mechanical arrests just because FIR is
lodged.
Arrest in case of non
compliance of notice
under Section 41A

 Where arrests of persons is not

required u/s 41(1)
 Police officer shall issue a
notice directing person to
appear
 Person must comply with it
 If complies- no arrest (except
for recorded reasons)
 If fails to comply- Police officer
may arrest after receiving
orders from competent court.
 Arrest in a non- cognizable
offence

 Section 41(2)- forbids arrest in

non- cognizable case except
for warrant issued by the
Magistrate.
 EXCEPTION: SECTION 42
 Arrest on refusal to give name
or address
- on demand refuses
- released on bond if name
and address ascertained
- if not within 24 hours, to
forward to nearest Magistrate
Arrest as a preventive action
by police

 SECTION 151
 On receiving an information of
a design to commit any
cognizable offence, Police
officer needs to communicate
it to the Police officer whose
duty is to prevent such
commission.
 Such Police officer may arrest
without warrant
 However, cannot detain such
person for more than 24
hours.
Conclusion

 Arrest is lawful detention of a person

by the authorized authority’
 Acc. To CrPC, Section 41, a Police
officer is authorized to make arrest
without warrant.
 This section lays 10 grounds under
which a Police officer can make
arrest without warrant in cognizable
cases.
 Section 41A provides for arrest in
case of non- compliance of notice
 Section 42 is an exception when
arrest can be made in non-cognizable
case.
 Except the grounds provided, no
lawful arrest can be made by any
Police officer.
Thank you!