LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Police Officer Arrest Without Arrest Warant

Page no : 2

(Guest)

ARREST - PHYSICAL RESTRAINT PUT ON A PERSON WITH ALLEGATION (FIR)

DETENTION - PHYSICAL RESTRAINT PUT ON A PERSON WITHOUT ALLEGATION (NO FIR)

Above definition as per State of Punjab v Ajaib Singh, AIR 1953 SC 10.

Hence in my view, a  police officer can legally detain a person for a period of less than 24 hours without levelling any allegation on the detainee in view of S.57 of Cr.P.C.

Technically, an arrest is the beginning of the detention. But, In the absence of any proof like FIR ETC. one cannot say a person is arrested in the strict legal sense. Therefore in the absence of proof of arrest, there can be detention which may not be illegal if it is less than 24 hours. However if one can prove detention of more than 24 hours and there is no FIR or proof of arrest the concerned police officer would be liable for criminal consequence.

hemant sharma (service)     22 January 2010

Dear Scholars,

I humbly submit the following facts for your kind consideration:

 

any police officer arrest any person without any FIR and warrant

(i) u/s 41 of Cr.P.C.( gives list)

(ii) u/s 42(1)

(iii) All preventive detentions u/s 151(1) Cr.P.C.

 

As far as S155 is concerned the registering or reducing in writing in NC cases.

is not prohibited but investigation is prohibited

 

sandeep jindal (ADVOCATE)     22 January 2010

hey friends,

you all are right and nothing much is left to say about..

both meenakshi and adesh have discussed in details..

one more thing i would like to add its that FIR is not mandatory for arresting a person who is suspect of having committed a crime.. section 41 cr.p.c. supports this view.. further, in police act of concerned state there are other powers given to police.. moreover under preventive measure such as sec. 107, 116, 151, cr.p.c. also police can arrest a person without registration of fir...

 

furthermore as per section 157 cr.p.c. If, from information received or otherwise, an officer in charge of a police station has reason to suspect the commission of an offence which he is empowered under section 156 to investigate, he shall forthwith send a report of the same to a Magistrate empowered to take cognizance of such offence upon a police report and shall proceed in person, or shall depute one of his subordinate officers not being below such rank as the State Government may by general order, prescribe in this behalf, to proceed, to the spot, to investigate circumstances of the case, and, if necessary to take measures for the discovery of the offender:

the report mention in sec. 157 cr.p.c. is occurence report and on recipt of any information about occurence of any crime police can proceed to the spot after wrting the occerence report and later on fir can be registered after police officer come backs from the spot...

 

i hope my ideas would find support from experts like you..

 

1 Like

Daksh (Student)     01 February 2010

Hi All,

Thanks for such valuable and enlightening inputs.

Best regards

Daksh


(Guest)

 

Daksh – Your greetings have motivated me to add on something more.
 
Cr.P.C. does not define or specify or use any term as F.I.R.
 
Information furnished to a police officer with regard to cognizable offence is commonly termed as F.I.R.
 
Even in case of non cognizable offence the police has to keep a record of the information received by them as has been mentioned by Feroze.
 
The original quereist although had used the word F.I.R. probably must have queried, whether the police can arrest a person without at the earliest recording the information received by him, either before or after arrest?
 
Reference to S.156 & 157 by Sandip refers to cognizable offences.
 
Thus there has to be a record whether before arrest or after arrest, whether you call it as an FIR or otherwise.
 
However, S.57 Cr.p.c. to a large extent facilitates detention without maintaining any record for a period not exceeding 24 hours. Practically, in some cases it exceeds 24 hours because detainees are not able to prove the detention.

JAVED AHMED (Sr. Relationship Manager)     02 November 2010

 

Dear friend i am javed ahmed from HUbli Karnatak.. 

one of my brother married to the intercaste Girl.. that reason police and that girl family  hurrashed to my hole family by volgar words they use to call tthe police station to me and to my elder brother and very very bad words using on as its like more harrasment to our soul... they did all illegal thing with they power .. after some days they lodge the kidnap case on as.. then we went to the high court we put the case on Habeas Corpus Act then from  the high court we won that witch they lodge that complaint was false.. now we are fine at that time i was filed the complaint through the Human rights now  police comissionor calling me to compromise... 

so i want to know the what i can do if we alway com-pro like this then always some police people harrash to Innocent kindly tell me how can i proceed are just quit the case 

JAVED AHMED

9738727333        

JAVED AHMED (Sr. Relationship Manager)     02 November 2010

 

Dear friend i am javed ahmed from HUbli Karnatak.. 

one of my brother married to the intercaste Girl.. that reason police and that girl family  hurrashed to my hole family by volgar words they use to call the police station to me and to my elder brother and very very bad words using on as its like more harrasment to our soul... they did all illegal thing with they power .. after some days they lodge the kidnap case on as.. then we went to the high court we put the case on Habeas Corpus Act then from  the high court we won that witch they lodge that complaint was false.. now we are fine at that time i was filed the complaint through the Human rights now  police comissionor calling me to compromise... 

so i want to know the what i can do if we alway com-pro like this then always some police people harrash to Innocent kindly tell me how can i proceed are just quit the case 

JAVED AHMED

9738727333        

Democratic Indian (n/a)     02 November 2010

Please also put your query in "Experts" section to get attention of lawyers.

Govardhanan (Advocate)     05 November 2010

       The legal position seems to be not clear in this aspect:

       Because, Section 41 cr.p.c which deals with provisions as to WHEN POLICE MAY ARREST WITHOUT WARRANT does not say that FIR should be registered before arrest.

        However Police Standing Orders say that once a complaint is received, FIR has to registered even before starting investigation. For instance PSO 551 (TN) makes a mandatory provision for it. Hon'ble Supreme Court has also time and again held that FIR should be registered when the compliant discloses commission of cognizable offence. Further section 157 says about sending sending a 'report' 'forthwith' before starting investigation.

         As per the present legal trend, FIR ought to be registered at once if the compliant prima facie discloses commission of a cognizable offence.

      

Govardhanan (Advocate)     05 November 2010

The legal position seems to be not clear in this aspect:

       Because, Section 41 cr.p.c which deals with provisions as to WHEN POLICE MAY ARREST WITHOUT WARRANT does not say that FIR should be registered before arrest.

        However Police Standing Orders say that once a complaint is received, FIR has to registered even before starting investigation. For instance PSO 551 (TN) makes a mandatory provision for it. Hon'ble Supreme Court has also time and again held that FIR should be registered when the compliant discloses commission of cognizable offence. Further section 157 says about sending sending a 'report' 'forthwith' before starting investigation.

         As per the present legal trend, FIR ought to be registered at once if the compliant prima facie discloses commission of a cognizable offence.

JAVED AHMED (Sr. Relationship Manager)     03 November 2011

 

Sir i am very thank full to all of you how give the more information i wish who help to other god will help them always... sir i was put the word one year before about my brother arrest which was without warrant and i got information from you peoples.. i like to tel you the hole story of that incident.....

we are three brothers one younger and one elder and my self.. younger brother not with as from 5years and we me and my elder brother his wife my sister this is our family ... in 09 October  2010  -- some of 6 peoples came  to my home and asked about our younger brother and we told he never stay with as so and so.. in that 4 people told they are police so we told as it was true then those peoples by force took as to the police station of my near home.. that police PCI detain as by very wrongly he used very bed word to me and to my elder brother he took as for more then 3 hour he forced to tell about our younger brother later he told our younger brother had affair with one girl she is from tumkur and she went with him her parents lodge the complaint of missing so in any condition we has to find our brother otherwise he had rides to put our hole family in jail so may things he told as.. next day he called again forced to tell about ur brother and he to my mobile and my brother mobile and my mom mobile he took several no from the mobiles and called to our friends and relatives and thirteen as and to some of my friend same thing he and some of other police station PSIs and some constable did with as it was like hell those day for as ... i have beard some police PSI s told me if i dint find my brother they will put me in terrorism act... it was true we don’t know anything about our brother so they force as and we give them all our relative places and no they went to Mumbai also to our relatives house they didn’t find him.. one day i forgot the date me and my elder brother going to market from behind some peoples came in private car 3persons come our from the car took my elder brother in that car in front of me they went.. i was not feeling well at that time i called to my some of cosines i told them about incident and i went to the typist to prepare the complaint and i went to give the complaint in my nearest police station (same police station of they taken as first time) that police dint accepted our complaint it was happen on 12 o clock morning i was requesting them to take the complaint about incident which had infrent of me about kidnap  of my brother but those police dint accepted simply told PSI not there he wil come some story they told ,  i was know those police also involved with them.. even we didn’t had any solution then i tock that complaint copy i made the scan and i forwarded the email to IG Of Bangalore and commissioner of hubli and Sp of TUmku and to Human rights also... after my email  i didn’t got any reply so next day morning i went again to same police station that time that police peoples told me tumkur police taken to my brother for investigation.. i asked them if those peoples not looking like police they could have informed as and infrent of me they took him by force in private car.. my nearest police people told they dont know anything talk to tumkur police .. we told whatever we don’t know who  took to my brother so accept my complaint but they rejected again... after i brought the lawyer he is also my cosine brother after his words they taken the our compliant and registered the FIR that time was next day 1.30 like that i think.. from24 hors my brother not in our contact after noon it was mort hen 28 hour. some one PSI from TUMKR called to my lawyer brother and told they took his for investigation and bringing him  back and told as to take back our complaint.. in night at 10.30 he brought my brother to my nearest police station and as they like that type by force they taken in written from my brother... 

sir can you tell 

1...what incident had with as it legal or illegal 

2...we sty in Hubli hear commission office is there way that tumkur police took him to Tumkur it is nearly 300km from hubli 

3...for investigation if they taking some one they should inform to his family or friend or not.. 

4... what they did by taking him there it was more then 36 hour way those police did not taken him to the court  

5...way our nearest police station staff  dint not accepted my complaint on mean time

6.. is it police whom we feel protective if they misuse  there job how to believe they are protector of public 

7... i got the court summons for that Complaint which i had lodged i went on that day judge was in leave there was no buddy from mooring to evening  i was waited there when i ask to the staff of the court they to that case has been close they made the BE FALS report

plz tell me about this and i had lodge the complaint in Human Rights also but this police forced me to take back that complaint infrent of commissioner otherwise he took me in terrorist act so i had given writing  about not to proceed for further action..

we had marriage of my sister so I listen the police words now I don’t fear now if i remember what that police people did with me with my brother and with my family.. i dont get sleep i feel shame on my so i wan justice  now i don’t fear for wrong things we people always thing to help each others i always spend much time i  helping to others with as if our protector do such things how we feel we r in freedom tell me sir 

 

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Start a New Discussion Unreplied Threads


Post a Suggestion for LCI Team
Post a Legal Query