Arrest, latest amendments in law

                                  The word arrest is related to the French word "arret" which means "stop". An arrest is an act depriving someone of his personal liberty. Arrest can be made by a police officer or by any other person empowered by law for the purpose of investigation or prevention of crime. Some very important amendments have been made in the Criminal Procedure Code (CrPC). these amendments are meant to prevent the unnecessary arrests made by the police and other investigating agencies.

When a police officer can arrest without warrant ?

                     As per section 41 of the CrPC, can arrest any person without warrant or without the order form Magistrate in following situations :

• If someone commits cognizable offence in presence of  a police officer
• On credible information or complaint or suspicion that the person has committed a cognizable offence in which punishment is less than 7 years, police officer can arrest only after recording reasons in writing.
• If a person has committed an offence in which punishment is more than 7 years and offence is cognizable and non-bailable.
• Proclaimed offender
• Who has stolen property or suspected of having committed such offence.
• Who obstructs a police officer from doing his duty or who has escaped or attempts to escape.
• Deserter from Indian army.
• Any law related to extradition.
• Released convict, if commits any breach of rule u/s 356(5).
• If any requisition has been received from another police officer.

Can a police officer arrest in a non cognizable case ?

                    Yes, a police officer can arrest in a situation when any person commits non cognizable offence in the presence of a police officer and on demand refuses to give or gives false name and address. When true name and address is ascertained, he shall be released on bail.

                   If true address is not ascertained in 24 hours of his arrest, he will be produced before the nearest Magistrate.

Can arrest be made by a private person ?

                  Yes, arrest can be made by a private person who in his presence commits a cognizable and non-bailable offence in his presence or is a proclaimed offender. Without any delay,he will produce such arrested person to a police officer or to the nearest police-station. Police officer will re-arrest him again following the provisions of law mentioned above.  

Important : As per new amendments in Criminal Procedure Code (CrPC), a police officer can not arrest in cognizable cases where punishment under law is less than 7 years. For this, police officer will have to record reasons for the arrest.

                  Arrest can be made only in the cases where punishment is more than 7 years. Most of the offences in which cases are registered with police, the punishment is less than 7 years.