CrPC Section 44: Arrest by Magistrate
1. Code:
Section 44 of the Code of Criminal Procedure, 1973 (CrPC) deals with the power of a Magistrate to arrest a person.
2. Explanation:
This section empowers a Magistrate to arrest a person without a warrant in certain situations:
- When a person is committing, or attempting to commit, a non-bailable offence: In such cases, the Magistrate can arrest the person directly, without needing a warrant.
- When a person is reasonably suspected of having committed a non-bailable offence: If there is sufficient reason to believe that the person has committed a non-bailable offence, the Magistrate can arrest them.
- When a person has been proclaimed as an offender under Section 82 or Section 83 of the CrPC: When a person has been declared a proclaimed offender by a court due to their failure to appear, the Magistrate has the power to arrest them.
- When a person is a habitual offender: A person with a history of committing offences can be arrested by a Magistrate under certain circumstances.
- When a person is apprehended for an offence punishable with death or imprisonment for life, or for an offence under Section 153A or Section 153B of the Indian Penal Code (IPC): These offences are related to promoting enmity between different groups, and the Magistrate has the authority to arrest individuals suspected of committing these crimes.
3. Illustration:
A Magistrate can arrest a person without a warrant if they witness that person attempting to steal a car, as stealing a car is a non-bailable offence.
4. Common Questions and Answers:
Q: Can a Magistrate arrest a person for a bailable offence?
A: No, a Magistrate cannot arrest a person for a bailable offence without a warrant.
Q: Is the Magistrate required to produce the arrested person before a court?
A: Yes, the Magistrate must produce the arrested person before a court within 24 hours of arrest.
Q: What are the rights of the arrested person?
A: The arrested person has the right to be informed of the grounds of arrest, to be produced before a court within 24 hours, and to have access to legal representation.
