Delhi HCSupreme CourtNCLTNCLATCCIDRTRERADPDP 2023
BNSS 2023Chapter VCrPC: CrPC Section 41

Section 35

Arrest by police officer without warrant

Arrest of Persons

Plain English Explanation

A police officer can arrest a person without a warrant only in cognizable cases (e.g., murder, rape, robbery). The grounds are: (a) involvement in a cognizable offence; (b) possession of housebreaking tools without excuse; (c) person proclaimed as offender; (d) possession of stolen goods; (e) obstructing police or escaping from custody; (f) suspected army deserter; (g) offence committed abroad but extraditable; (h) released convict breaking rules; (i) requisition from another police officer. For non-cognizable offences, a warrant from a Magistrate is mandatory.

Legal Text

Bharatiya Nagarik Suraksha Sanhita, 2023 · Section 35

(1) Any police officer may without an order from a Magistrate and without a warrant, arrest any person— (a) who has been concerned in any cognizable offence, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been so concerned; (b) who has in his possession without lawful excuse, the burden of proving which excuse shall lie on such person, any implement of housebreaking; (c) who has been proclaimed as an offender either under this Sanhita or by order of the State Government; (d) in whose possession anything is found which may reasonably be suspected to be stolen property and who may reasonably be suspected of having committed an offence with reference to such thing; (e) who obstructs a police officer while in the execution of his duty, or who has escaped, or attempts to escape, from lawful custody; (f) who is reasonably suspected of being a deserter from any of the Armed Forces of the Union; (g) who has been concerned in, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been concerned in, any act committed at any place out of India which, if committed in India, would have been punishable as an offence, and for which he is, under any law relating to extradition, or otherwise, liable to be apprehended or detained in custody in India; (h) who, being a released convict, commits a breach of any rule made under sub-section (5) of section 356; (i) for whose arrest any requisition, whether written or oral, has been received from another police officer, provided that the requisition specifies the person to be arrested and the offence or other cause for which the arrest is to be made and it appears therefrom that the person might lawfully be arrested without a warrant by the officer who issued the requisition. (2) Subject to the provisions of section 42, no person concerned in a non-cognizable offence or against whom a complaint has been made or credible information has been received or reasonable suspicion exists of his having so concerned, shall be arrested except under a warrant or order of a Magistrate.

Keywords

arrest without warrantcognizable offencepolice arrestwarrantless arresthousebreakingstolen propertyproclaimed offender

Related Sections

CrPC Equivalent

CrPC Section 41

View CrPC (Repealed) →

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