Neeraj Kumar Giri (NA) 19 January 2014

Power of police to arrest

Dear Experts,

I would like to know that in respect of conducting arrest, the Police have general power to arrest any body without warrant on ground of suspicion and credible information u/s of 41 of Crpc, as well as female in certain special cases but these powers are given in some special cases. So, please tell me what type and under which section of IPC these special condition can a Police utilizes and otherwise in normal condition how Police can conduct arrest and under which section of Crpc.

Thank you.

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5 Replies

Laxmi Kant Joshi (Advocate ) 19 January 2014

neeraj please read ipc, crpc and the indian evidence act .

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 20 January 2014

COGNIZABLE AND NON-COGNIZABLE OFFENCE.

COGNIZABLE AND NON COGNIZABLE OFFENCE Offences can also be classified on the basis of "Cognizable offence", and "Non-cognizable" offence. In brief the difference between these two is Cognizable offences: An offence, where a police offer can arrest without a warrant. Non-cognizable offences: An offence, where a police officer can arrest only with a warrant. COGNIZABLE OFFENCE Cognizable offences are those where a police officer can arrest without warrant. And such cases, after arrest has been made, the accused will be produced before a magistrate, and he may require the police officer to investigate the matter. After investigation, if the case is made out, i.e. charge sheet filed goes against accused, the magistrate can order for arrest. During the pendency of trial, bail application can be moved before the concerned magistrate. Cognizable offences are both bailable, and non-bailable. NON- COGNIZABLE OFFENCE Non cognizable offences are those, where a police officer cannot arrest without a warrant. In such offences for arrest, all the steps have to be followed like Filing of complaint/F.I.R. Investigation Charge sheet, Charge sheet to be filed in court Trial Final order of arrest if case has been made out.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 20 January 2014

nothing left to add

T. Kalaiselvan, Advocate (Advocate) 21 January 2014

I think Mr. Ramachary has given a good and lengthy reply, if you are still in doubt about any other legal aspects, a visit to the legal books on the subject may clarify all your doubts.