Section 41 CrPC: Arrest Without Warrant – Code of Criminal Procedure

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Section 41 CrPC: Arrest Without Warrant – Code of Criminal Procedure

1. Code:

Section 41 of the Code of Criminal Procedure (CrPC), 1973, deals with the power of a police officer to arrest a person without a warrant.

2. Explanation:

This section empowers a police officer to arrest a person without a warrant in the following circumstances:

  • When a cognizable offence is committed: If a police officer has reason to believe that a person has committed a cognizable offence, they can arrest that person without a warrant.
  • When a person is found in possession of stolen property: If a person is found in possession of property that is reasonably suspected to be stolen, a police officer can arrest them without a warrant.
  • When a person is about to commit a cognizable offence: If a police officer has reason to believe that a person is about to commit a cognizable offence, they can arrest that person without a warrant.
  • When a person is wanted in connection with a cognizable offence: If a person is wanted in connection with a cognizable offence, and the police officer has reason to believe that the person is avoiding arrest, they can arrest the person without a warrant.

However, Section 41 also imposes certain limitations on the power of arrest without a warrant:

  • The police officer must have reason to believe that the person has committed the offence.
  • The arrest must be made in good faith and not for any other ulterior motive.
  • The person must be informed of the grounds for arrest.
  • The person must be produced before a magistrate within 24 hours of arrest.

3. Illustration:

A police officer witnesses a man stealing a mobile phone from a shop. The police officer has reason to believe that the man has committed theft, a cognizable offence. The police officer can arrest the man without a warrant.

Also Read  CrPC Section 412: Reasons for Recording - Code of Criminal Procedure

4. Common Questions and Answers:

Q: What are cognizable offences?

A: Cognizable offences are those where the police can arrest a person without a warrant. These are offences where the police can investigate the matter and start a trial without any prior order from a magistrate.

Q: What if a police officer arrests a person without a warrant without any reason?

A: Such an arrest would be illegal, and the person can challenge the arrest in court. The police officer may be held liable for false imprisonment.

Q: What are the rights of a person arrested under Section 41?

A: A person arrested under Section 41 has the right to be informed of the grounds for arrest, the right to be produced before a magistrate within 24 hours, and the right to legal representation.

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