What is arrest without warrant

Lucknow: The Uttar Pradesh government on Sunday said a special force will be constituted in the state on the basis of orders of the Allahabad High Court, which will conduct searches and arrest people without any warrants.

According to the notification, an officer can detain a person and search his property if they have a reason to believe that a crime has been committed. The UP government also said that courts will not take note of the actions of officers and other employees of the force without its permission. You can click on this link and join:. Follow us on Instagram and subscribe to our YouTube channel for more amazing legal content.

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From Bhawna Agarwal: [email protected]. Sign in. Password recovery. Forgot your password? Get help. Home Code of Criminal Procedure When can the police officers arrest without a warrant. Table of Contents.

Concept of the bulk deal in the stock exchange. E-signatures : the legal validity. Please enter your comment! Please enter your name here. You have entered an incorrect email address! Powered by iPleaders. Register now Name. Specify Occupation. I want to know more about the lawsikho courses Yes. Thank you for registering for the workshop. The police officer making arrest should not handcuff any person routinely. The arrested person should not be handcuffed except where there is a clear danger of his attempts to escape or when he is so violent that he cannot be kept in custody unless his movement is stopped.

The arrested person has a right to remain silent during police inquiry provided by Article 20 3 of the Indian constitution so that the police cannot extract any self-incriminating information against him. Special Rights of women: Females can be searched by only another female with strict regard to privacy and decency Section 51 of Code Female suspects must be kept in a separate lock-up in the police station.

They should not be kept where male suspects are detained When a female is arrested for a non-bailable offence, even if the offence is very serious , the court can release her on bail Section of code State of Maharashtra v Christian Community Welfare Council of India[2] The Supreme Court has also dealt with the issue of arrest of women between dusk and dawn.

Therefore, the court ruled that while arresting a female person, all efforts should be made to keep a lady constable, but in the circumstances where the arresting officers are reasonably satisfied that such presence of a lady constable is not available or possible and the delay in arresting accused by securing the presence of a lady constable would impede the course of investigation, such officer for reasons to be recorded, be permitted to arrest a female person at any time of the day or night depending on the circumstances of the case even without the presence of a lady constable.

This position has now been incorporated in Section 46 4 under which in exceptional circumstances the woman police is required to obtain prior permission of Judicial Magistrate of First class within whose jurisdiction the offence is committed or arrest is made.

Nilabati Behera to the Supreme Court stating that her twenty two year old son, Suman Behera had died in police custody after being inflicted with several injuries. The honourable court took suo moto action and converted it into a writ petition under article 32 of the Indian constitution. The Orissa police had arrested Suman Behara for investigation involving the offence of theft and he was detained at the police outpost. The very next day, his dead body was found near the railway track. The lacerations on his body indicated towards an unnatural death.

Judgement It was found that a doctor before the court deposed that the injury was caused by a blunt object, which may have been lathiblows. All the injuries found on his body could not have been caused by train accident. The court also drew the distinction between the liabilities of the State in public law as opposed to private law.

It clearly mentioned that that a proceeding under Article 32 before the Supreme Court or any High Court is a remedy available in public law and the principle of sovereign immunity does not apply in case of public law. It is only a defence in private law based on tort. Held Hence, the court awarded a compensation of Rs. The Supreme Court also ordered the State of Orissa to initiate criminal proceedings against those who killed Suman Behara.

As a result of extensive injuries caused to him he died in police custody at the police station. The defence set up by the respondent police officials at the trial was that Nathu Banjara had been released from police custody at about p. Issue If a detained person runs from the custody and found dead, then who was to be held responsible for the death?

Held The accused Trivedi Sub-Inspector is, was found guilty being a public servant framing incorrect writing and record with intent to save persons responsible for beating the deceased Nathu Banjara and causing his death in the Police Station, Rampura and is also found guilty of giving false information to screen offenders from legal punishment. As such, he is convicted of the offences punishable under sections and of the Indian Penal Code.

He is sentenced to two years' rigorous imprisonment for each of the two offences. The sentences shall, however, run concurrently. The petitioner, Joginder Kumar, a young lawyer was called to the office of the SSP, Ghaziabad in connection with some inquiries.

He was accompanied by friends and his brother, who were told by the police that he would be released in the evening. But Joginder kumar was taken to a police station with the assurance that he would be released the next day. Next day, too he was not released as the police wanted his help in making further inquiries.

When his family went to the police station on third day, they found that he had been taken to an undisclosed location. In effect, Joginder kumar was illegally detained over a period of five days. His family had to file a habeas corpus writ petition with the Supreme court to find out his whereabouts. The court issued notice to the state of Uttar Pradesh and to the SSP to immediately produce Joginder Kumar and answer why he was detained for five days without a valid reason and why his detention was not recorded by the police in its diary and why he was not produced before a magistrate.

Issue Can an individual be detained on grounds not clarified? Can an individual be taken to any unknown premises other than police station for investigation? Judgement The court held that no arrest can be made because it is lawful for the police officer to do so.

The existence of the power to arrest is one thing and the justification for the exercise of its quite another. The police officer must be able to justify the arrest apart from his power to do so. The recommendations of the Police Commission merely reflect the constitutional concomitants of the fundamental right to personal liberty and freedom.

There must be some reasonable justifications in the opinion of the officer effecting the arrest that such arrest is necessary and justified. Except in heinous crime, an arrest must be avoided if a police officer issues notice to person to attend the station House and not to leave the station without permission would do.

There are inherent rights under Article 21 and 22 1 of the constitution and require to be recognised and scrupulously protected and for effective enforcement of these fundamental rights, the court issued guidelines. Held It was ruled that, an arrest cannot be made on a mere allegation of offence against a person or in a routine manner.

Constitutional rights of a person mandate that he shall not be arrested on simple suspicion of complicity in an offence. It cannot be made without a reasonable justification reached after some investigation is made as to the genuineness of the complaint.

It was further directed that, it shall be the duty of the Magistrate, before whom the arrested person is produces, to satisfy himself that these requirements have been complied with.