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ARRESTS WITHOUT WARRANTS



Most cases actually fall under this mode of arrest section 129 states that a police officer without a warrant may arrest any person he suspects to have committed a crime, any person who has escaped from lawful custody, suspected of having committed an offence, suspected of being a deserter from the Armed Forces…
Police have wide powers to be able to having detected crime to be able to apprehend the persons suspect of committing crimes.

Section 30 An officer in charge of a police station may in the same manner arrest or cause to be arrested—
(a)              any person found taking precautions to conceal his presence within the limits of the station under circumstances which afford reason to believe that he is taking those precautions with a view to committing a cognizable offence.

section 31.     when an officer in charge of a police station requires an officer subordinate to him to arrest without a warrant (otherwise than in his presence) any person who may be lawfully arrested without a warrant under section 30.  he shall deliver to the officer required to make the arrest an order in writing specifying the person to be arrested and the offence or other cause for which the arrest is to be made.    it is only an officer in charge of a police station who can arrest a person without a warrant.  It must be in writing indicating the offence committed or likely to be committed.

Section 32 – When a person who in the presence of a police officer has committed or has been accused of committing a non-cognizable offence refused on the demand of the officer to give his name and residence, or gives a name or residence which the officer has reason to believe to be false, he may be arrested by the officer in order that his name or residence may be ascertained.  When one is arrested by police they are supposed to give their true name and residence.  The police can charge one for giving false information or failing to cooperate.

Section 33.   A police officer making an arrest  - this means that if a person has been arrested without a warrant of arrest then they should take the person to a police station.  This usually happens mostly in Traffic Cases where one can be arrested and taken direct to the court.  in most cases where evidence is required the police must take one to police station for proper investigations.

Section 34.   Arrest by private persons

Section 38 when an offence is committed in the presence of a magistrate within the local limits of his jurisdiction, he may himself arrest or order any person to arrest the offender and may thereupon, subject to the provisions of this Code as to bail, commit the offender to custody.

Section 39:    A magistrate may at any time arrest or direct the arrest in the presence, within the local limits of his jurisdiction, of any person for whose arrest he is competent at the time and in the circumstances to issue a warrant.  When magistrates effect an arrest they have judicial immunity and thus should be careful before exercising these powers, it is important that they do not violate the rights of citizens by arresting people simply because they have these powers.  It is in rare circumstances that magistrates effect arrests.

 
 
 

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