Can a person be arrested without warrant or sufficient proof for theft in Karnataka?

Querist : Anonymous (Querist) 11 December 2010 This query is : Resolved
Hi,

a) Can a person be arrested without warrant or sufficient proof for theft of material property like money or jewellery in Karnataka?
b) Can a person be arrested just on the basis of a FIR filed and can that person be brought in for questioning?
c) If the person can be arrested and brought in for questioning for how long can that person be detained at the station?
d) Can the person refuse to comment without the presence of a lawyer?
e) What is the maximum punishment for such an offence?

Thanks in advance.

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adv. rajeev ( rajoo ) (Expert) 11 December 2010
It is non bailable offence, even police can arrest without warrant. punishement is 3 years.
b- yes
c - if in case of arrest he must be produced before the court within 24 hrs.
d- where?
e - 3 years

Advocate Bhartesh goyal (Expert) 11 December 2010
Yes,Mr.rajeev is right.

Guest (Expert) 11 December 2010
i am little bit of dfferent opinion fr Mr Rajeev on point no. (a).........
a. Although Section 379 IPC is a cognizable offence and police is no doubt can areest the accused without warrant.... but i would like to add further that Chief Justice Of India, M.N. Venkatachalliah says (JOGINDER KUMAR Vs. STATE OF U.P.25/04/1994) in this landmark judgment that defined the powers of the police to arrest a person.

"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. The justification for the exercise of it is quite another. The police officer must be able to justify the arrest apart from his power to do so. Arrest and detention in police lock-up of a person cause incalculable harm to the reputation and self-esteem of a person. No arrest can be made in a routine manner on a mere allegation of commission of an offence made against a person. It would be prudent for a police officer in the interest of protection of the constitutional rights of a citizen and perhaps in his own interest that no arrest should be made without a reasonable satisfaction reached after some investigation as to the genuineness and bona fides of a complaint and a reasonable belief both as to the person’s complicity and even so as to the need to effect arrest. Denying a person of his liberty is a serious matter."

so without any proof police cant arrest any person.... further more that the police officer should inform the persom the grounds of his arrest... it (arrest)should not be done in routine manner.

i agree with Mr Rajeev on point no b, c, d & e.

s.subramanian (Expert) 11 December 2010
I fully endorse the view of Mr.rajoo.

Dineshwar Singh Kaushik (Expert) 11 December 2010
I agree with Mr Rajeev & Mr Subramanian.

Kirti Kar Tripathi (Expert) 11 December 2010
i also agree with Mr. Rajoo.

Ajay Bansal (Expert) 11 December 2010
IN A WARRANT CASE,THE POLICE CAN ARREST WITHOUT WARRANT,BUT A F.I.R. AGAINST ANY BODY DOES NOT GIVE POWER TO ARREST THAT PERSON AGAINST WHOM SAID F.I.R. HAS BEEN REGISTERED UNTILL NECESSARY EVIDENCE REGARDING COMMISION OF CRIME BY SAID PERSON IS NOT FOUND.

Devajyoti Barman (Expert) 12 December 2010
yes

Querist : Anonymous (Querist) 13 December 2010
Thank you all for your replies. In this case, there is no proof as yet against the accused but they have summoned to the station for questioning.
The police are coaxing the accused to accept the crime and threating with arrest although the accused is innocent. Would you recommend taking the services of a lawyer right away or is it too early and can the accused do anything else to clear his/her name?
Thanks in advance.

Can a person be arrested without warrant or sufficient proof for theft in Karnataka?

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