Detention under crpc 151
Adv Vikramsinh Mohite
(Querist) 17 November 2012
This query is : Resolved
Dear Sirs,
I would like to know in which circumstances police can arrest under section 151 CrPC.
Thanks
Sudhir Kumar, Advocate
(Expert) 18 November 2012
READ THE SECTION
The Code of Criminal Procedure, 1973 (CrPc)
151. Arrest to prevent the commission of cognizable offences.
(1) A police officer knowing of a design to commit any cognizable offence may arrest, without orders from a Magistrate and without a warrant, the person so designing, if it appears to such officer that the commission of the offence cannot be otherwise prevented.
(2) No person arrested under sub-section (1) shall be detained in custody for a period exceeding twenty-four hours from the time of his arrest unless his further detention is required or authorized under any other provisions of this Code or of any other law for the time being in force.
STATE AMENDMENT
Maharashtra:
In section 151 -
(a) In sub-section (2), after the words "required or authorised" the words "under sub-section (3) or" shall be inserted;
(b) After sub-section (2), the following sub-section shall be inserted, namely, -
"(3) (a) Where a person is arrested under this section and the officer making the arrest or the officer of the police station before whom the arrested person is produced, has reasonable grounds to believe that the detention of the arrested person for a period longer than twenty-four hours from the time of arrest (excluding the time required to take the arrested person from the place of arrest to the court of a Judicial Magistrate) is necessary by reason that-
(i) The person is likely to continue the design to commit, or is likely to commit, the cognizable offence referred to in sub-section referred to in sub-section (1) after his release; and
(ii) The circumstances of the case are such that his being at large is likely to be prejudicial to the maintenance of public order.
The officer making the arrest, or the officer in charge of the police station, shall produce such arrested person before the nearest Judicial Magistrate, together with a report in writing stating the reasons for the continued detention of such person for a period longer than twenty-four hours.
(b) Notwithstanding anything contained in this Code or any other law or the time being in force, where the Magistrate before whom such arrested person is produced is satisfied that there are reasonable grounds for the temporary detention of' such person in custody beyond the period of twenty-four hours, he may from time to time, by order remand such person to such custody as he may think fit
Provided that, no person shall be detained under this section for a period exceeding fifteen days at a time, and for a total period exceeding thirty days from the date of arrest of such person.
(c) When any person is remanded to custody- under clause (b), the Magistrate shall, as soon as may be communicate to such person the grounds on which the order has been made and such person may, make a representation against the order to the Court of Session. The Sessions Judge may on receipt of such representation after holding such inquiry is he deems fit, either reject the representation, or if he considers that further detention of the arrested person is not necessary, or that it is otherwise proper and Just so to do, may vacate the order and the arrested person shall then be released forthwith."
[Vide Maharashtra Act 7 of 1981 (w.e.f. 27-5-1980)].
Rajeev Kumar
(Expert) 18 November 2012
No room left to add further
V R SHROFF
(Expert) 18 November 2012
No room left to add further
ARREST IS TEMPORARY FOR 24 HRS MAX, must produced before court, and court may release
