Yes !  A police officer may arrest you without warrant in Cognizable cases. Cognizable cases are defined in Section 2(c) of the Criminal procedure Code. It defines Cognizable offence and Cognizable case as which in which, a police officer may, in accordance with the First Schedule or under any other law for the time being in force, arrest without warrant ; This definition clearly explains that a police officer can arrest without the order of the magistrate or warrant in Cognizable cases. Ex:Murder, Rape, Dowry Death, Kidnapping, Theft, Criminal Breach of trust and Unnatural offences The police officer may arrest without warrant any person Who commits any of the above mentioned Cognizable offence in the presence of the police officer. And the following reasons are mentioned below in view of which the police officer may arrest without warrant. He may also arrest a person against whom reasonable complaint has been made or he believes that the Cognizable offence has been committed by the person; provided that offences are punishable for less than 7 years, up to 7 years or more than 7 years till death sentence with or without fine; The police officer may arrest without warrant – On the basis of the complaint or information the police officer believes that the person has committed an Cognizable offence then he may arrest him without a warrant. Sometimes in order to prevent further 2 Cognizable incident by the person the police officer make the arrest of the person. For investigation so in order to investigate the offence and prevent the disclosure or disappearance of evidences ; To prevent Deal between criminals or threatening of accused as it is a major part of crime in India. Therefore in order to prevent the Criminal from making any inducement or threatening the accused ; To prevent the Criminal from absconding as the Criminal got absconded. Many times a big news in India.! So, in order to prevent this and make the criminal’s presence ensured whenever required in court, the police officer may arrest without warrant. Secondly, the police officer also arrests a person without warrant who ran away from the police custody or attemps to escape. Another important feature of this part is sometimes a person who is suspected of being a deserter from any of the armed forces of the Union, then the person will be arrested without warrant. A person who is Declared a criminal by the State. – When someone is declared as a proclaimed offender by the state ; A person who has Possession of a stolen property – If in person’s possession a stolen property or thing is found and which may reasonably be suspected to commit a crime ; A person who commits Offence committed outside India – When a offence has been committed outside India which if committed in India is a punishable offence ; If Notice received from another police officer – If written or oral, requisition has been received from another police officer that the person’s arrest is to made and it can be made lawfully without a warrant then the police officer has the power to arrest without warrant ; 3 Exception – sometimes in all cases where arrest of a person is not required then police officer has to write with reasons for not making the arrest. Thank You

Blog by – Vishwadeepika Singh

Agra College, Agra


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