LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Rahul mishra   09 September 2021

police arbitration

Can a policemen take a suspected(not sure)(without any arrest warrant.) person to the police station(kotwali thana) without informing there parents or relatives.?

And can they molest him or abuse/beat him.??

If NO or it is illegal, what is the proceedings we can do to them.??


 2 Replies

Kevin Moses Paul   09 September 2021

As per your concern let me tell you that a police officers may arrest a person without warrant under certain conditions which are laid down under section 41 of the Code of Criminal Procedure (CrPC) 1973.

Section 41 CrPC states that police can arrest any person:-
(i) a person who has been involved in a cognizable offence such as murder, rape, theft or is suspected to be so involved of having committed a cognizable offence punishable with imprisonment of 7 years or more or against whom a complaint has been received has been received of such involvement,

(ii) a person who has been in possession of any housebreakingweapon without any lawful excuse,

(iii) a person who has been proclaimed as an offender either under Criminal Procedure Code or any other order by state government or any law in force,

(iv) who obstructs any police officer while performing his duty or who have escaped or make attempts to escape from lawful custody,

(v) an individual who has been concerned in any law or against whom a reasonable complaint has been made or credible information has been received, of his having committed involved in an act committed at any place outside India, if committed in India would be punishable of an offence and for which he is under law relating to extradition or otherwise, liable to be apprehended or detained in custody of India,

(vi) any person who is reasonably suspected of being a deserter from any of the Armed forces of the Union, and

(vii) an person being released as a convict, commits a breach of any rule mentioned under section 356(5).

For instance:- An arrest by a police constable of a person who is totally deaf and could not lip-read would be valid if in case the constable had done everything that a reasonable/just person would do in the circumstances.

Along with this section 41(C) of the code states that an arrested person has complete legal right to inform his friend, relative or any other person in his interest about his arrest.
And lastly, Section 46 authorises a police officer to use "all means necessary" to effect an arrest when either the person forcibly resists arrest or attempts to evade arrest. Moreover, if in case the person is accused of an offence punishable with death or life imprisonment, the police officer may use lethal force.

Henceforth, a police officer can use reasonable force while making an arrest and may even arrest a person without a warrant. While after being taken away by the police the arrested person has a legal right to inform about his/her arrest to his/her family members/relatives/or any person of his/her interest, and such a right of a person arrested could not be taken away by the police officials.

Therefore, majority parts of your query makes it clear that the actions are just and legal.

Hope It Helps!

Kevin M. Paul

Pradipta Nath (Advocate)     09 September 2021

1. No. 2. No. 3. Ask the woman of that house to move a petition U/s 156(3) Cr.Pc and specifically write a sentence that since my child is missing and no police is taking cognizance. Take the order copy of the Magistrate and file a writ of Habeas Corpus and pray for finding her son/daughter. 4. It would have been better to counter the police if you meet in chamber any prudent Criminal specialized Advocate who very rightly know how to deal with these police officers!!

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register