This document summarizes the procedures and conditions for arrest without a warrant in India according to Section 41 of the code of criminal procedure after 2010. It outlines that a police officer can arrest without a warrant for (1) a cognizable offense committed in their presence, or (2) a cognizable offense punishable by up to 7 years imprisonment not committed in their presence. For offenses punishable by over 7 years, and for other specified sections and cases, an arrest can also be made without a warrant. It provides guidance on the rights of arrested persons and important court cases related to arrest procedures.
This document summarizes the procedures and conditions for arrest without a warrant in India according to Section 41 of the code of criminal procedure after 2010. It outlines that a police officer can arrest without a warrant for (1) a cognizable offense committed in their presence, or (2) a cognizable offense punishable by up to 7 years imprisonment not committed in their presence. For offenses punishable by over 7 years, and for other specified sections and cases, an arrest can also be made without a warrant. It provides guidance on the rights of arrested persons and important court cases related to arrest procedures.
This document summarizes the procedures and conditions for arrest without a warrant in India according to Section 41 of the code of criminal procedure after 2010. It outlines that a police officer can arrest without a warrant for (1) a cognizable offense committed in their presence, or (2) a cognizable offense punishable by up to 7 years imprisonment not committed in their presence. For offenses punishable by over 7 years, and for other specified sections and cases, an arrest can also be made without a warrant. It provides guidance on the rights of arrested persons and important court cases related to arrest procedures.
(1) Section 41 (1) (a) ;- Any cognizoble offence conmifted ln presence of
police officer .
(2) Section 41 (1) (b) ;- Cognizoble offence not conmifted in presence of
police officer punishable with up to 7 years .
No srrest unless condition mentioned under this Sub -
section fulfills. => Section 41 (1) (b,a) - Cognizable offence punishable with more than 7 years.
(3) Section 41 (c) -(i)
(4) Section 42
(5) Section 123
(6) Section 432
(7) Section 438 (proviso)
(8) Section 151
Section 41A - Procedure followed by police officer if not arrest .
Section 41B,C ;- Procedure for arrest
Section 41D ;- Right of arrested person in Interogation
Arrest (After 2010) I ------------------------ Without warrant With warrant I Section 70-81 ------------------------------------------------------- By police Private person Majistrate (Section 43) (Section 44) Section 41(1) (a) Section 41 (1) (b) Section 41(1) (a,b) Section 41(1) (c-i) Section 123 Section 151 Section 432 Section 438 (1) (proviso) Section 41 (1) (a,b) I Cognizable offence committed I --------------------------------------------------------------------- In presence of police officer In absence of Section 41 (1) (a) police officer arrest without warrant I ---------------------------------------- ---------------------- Up to seven years More than section 41 (b) gnenerally 7 years section no arrest if arrested police officer 41(1) (a,b) Arrest in writhing give reason for his arrest without warrant Guidelines to arrest a person - cases (1) D.K. Basu v/s states of West Bengal . (2) Joginder Singh v/s Punjab. (3) Stat of Maharastea v/s Christion Wefare community . (4) Arnesh Kumar v/s State of Bihar 2014 Case on Juvenile Justice ;- ------------------------------------------------ Subramaniom Swamyand others v/s Raju throush Juvenile Justice board and another 2014 S.C. held that max. Age for juvenile trail i.e. 18 years is valid and lesislature by law can reduce it, DIG Police v/s SAMATHI RAM --------------------------------------- Helpline (1090) Neha Kotwal v/s LELE (Guide lione against sexual offences) .