Section 221 CrPC: Doubtful Offense – Code of Criminal Procedure

1. Code

Section 221 of the Code of Criminal Procedure (CrPC) deals with the power of a police officer to release a person apprehended if the officer is satisfied that no cognizable offense has been committed.

2. Explanation

This section empowers a police officer to release a person apprehended if, after investigation, the officer believes that no cognizable offense has been committed. Cognizable offenses are those that are serious enough to allow for arrest without a warrant.

The officer must be convinced that there is no evidence to suggest that a cognizable offense has been committed. The burden of proof lies with the police to demonstrate that an offense has been committed.

3. Illustration

Imagine a scenario where a person is apprehended for allegedly stealing a mobile phone. After investigation, the police find that the person was actually returning the phone to its rightful owner. The police officer, being satisfied that no cognizable offense (theft) was committed, would release the apprehended person under Section 221 CrPC.

4. Common Questions and Answers

• Q: What is a cognizable offense?
• A: Cognizable offenses are serious offenses where the police can arrest a person without a warrant. Examples include murder, robbery, and kidnapping.
• Q: Can the police officer release a person without any investigation?
• A: No. The officer must conduct a reasonable investigation before deciding whether to release the person.
• Q: What happens if the police officer refuses to release a person despite there being no evidence of an offense?
• A: The person can approach a magistrate for release under Section 204 CrPC.