ARREST OF PERSONS UNDER CrPC (SOME IMPORTANT PROVISIONS)

1. There has to be a justifiable cause to arrest any person was held in which case?

Ans: Joginder Kumar v. the State of UP.

Section 41 – When police may arrest without warrant

1. Any police officer may without an order from a Magistrate and without a warrant, arrest any person,-

• who commits, in the presence of a police officer, a cognizable offence;
• against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has 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 conditions are satisfied, namely:-

i) the police officer has reason to believe on the basis of such complaint, information, or suspicion that such person has committed the said offence;

ii) the police officer is satisfied that such arrest is necessary,-

       a) to prevent such person from committing any further offence; or

         b) for proper investigation of the offence; or

       c) to prevent such person from causing the evidence of the offence to disappear or tampering with such evidence in any manner; or

       d) 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; or

     e) 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.

• against whom credible information has been received that he has committed a cognizable offence punishable with imprisonment for a term which may extend to more than seven years whether with or without fine or with death sentence and the police officer has reason to believe on the basis of that information that such person has committed the said offence; or
• who has been proclaimed as an offender either under this Code or by order of the State Government; or
• in whose possession anything is found which may reasonably be suspected to be stolen property and who may reasonably be suspected of having committed an offence with reference to such thing; or
• who obstructs a police officer while in the execution of his duty, or who has escaped, or attempts to escape, from lawful custody; or
• who is reasonably suspected of being a deserter from any of the Armed Forces of the Union; or
• 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 offence, and for which he is, under any law relating to extradition, or otherwise, liable to be apprehended or detained in custody in India; or
• who, being a released convict, commits a breach of any rule made under Sub-Section (5) of section 356; or
• for whose arrest any requisition, whether written or oral, has been received from another police officer, provided that the requisition specifies the person to be arrested and the offence or other cause for which the arrest is to be made and it appears therefrom that the person might lawfully be arrested without a warrant by the officer who issued the requisition.

2. Subject to the provisions of section 42, no person concerned in a non-cognizable offence or against whom a complaint has been made or credible information has been received or reasonable suspicion exists of his having so concerned, shall be arrested except under a warrant or order of a Magistrate.

Section 41 A – Notice of appearance before police officer

1. The police officer may, in all cases where the arrest of a person is not required under the provisions of sub-section (1) of section 41, issue a notice directing the person against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence, to appear before him or at such other place as may be specified in the notice.

2. Where such a notice is issued to any person, it shall be the duty of that person to comply with the terms of the notice.

3. Where such person complies and continues to comply with the notice, he shall not be arrested in respect of the offence referred to in the notice unless, for reasons to be recorded, the police officer is of the opinion that he ought to be arrested.

4. Where such person, at any time, fails to comply with the terms of the notice, it shall be lawful for the police officer to arrest him for the offence mentioned in the notice, subject to such orders as may have been passed in this behalf by a competent Court.

Section 41 B – Procedure of arrest and duties of officer making arrest

Every police officer while making an arrest shall,-

• bear an accurate, visible and clear identification of his name which will facilitate easy identification;
• prepare a memorandum of arrest which shall be,-

       i) attested by at least one witness, who is a member of the family of the person arrested or a respectable member of the locality where the arrest is made;

       ii) countersigned by the person arrested; and

• inform the person arrested, unless the memorandum is attested by a member of his family, that he has a right to have a relative or a friend named by him to be informed of his arrest.

Section 41 D – Right of arrested person to meet an advocate of his choice during interrogation.

When any person is arrested and interrogated by the police, he shall be entitled to meet an advocate of his choice during interrogation, though not throughout interrogation.

Section 42 – Arrest on refusal to give name and residence

1. When any person who, in the presence of a police officer, has committed or has been accused of committing a non-cognizable offence refuses, on demand of such officer, to give his name and residence or gives a name or residence which such officer has reason to believe to be false, he may be arrested by such officer in order that his name or residence may be ascertained.

2. When the true name and residence of such person have been ascertained, he shall be released on his executing a bond, with or without sureties, to appear before a Magistrate if so required:

    Provided that, if such person is not resident in India, the bond shall be secured by a surety or sureties resident in India.

3. Should the true name and residence of such person not be ascertained within twenty-four hours from the time of arrest or should he fail to execute the bond, or, if so required, to furnish sufficient sureties, he shall forthwith be forwarded to the nearest Magistrate having jurisdiction.