Arrest without Warrant

Section 41 enumerates the different categories of cases in which an officer of the Police
Department may arrest an individual without an order from a Magistrate and a warrant. These
include the following.

1. A person who has been concerned with and in any cognizable offence or against whom
a reasonable complaint has been filed, or credible information has been received, or a
reasonable suspicion surrounds the person, of his having been so concerned.
2. A person who has an item in his possession without any lawful excuse, the burden of
proving which excuse shall lie on such a person, any implement of housebreaking.
3. A person who has been proclaimed as an offender either under the Code or by order of
the State Government.
4. A person who is in possession of anything that may reasonably be suspected to be
stolen property and a person who may be reasonably be suspected of having
committed an offence with a reference of such a thing.
5. A person who obstructs the functioning of a police officer while in the execution of his
duty, or who have escaped, or attempts to escape, from lawful custody.
6. An individual who is reasonably suspected of being a deserter from any of the Armed
Forces of the Union.
7. A person who has been involved in, or against whom a reasonable complaint has been
made, or credible information has been obtained, or a reasonable suspicion exists, of
his having been involved in, any act committed at any country or a place out of India
which, if done in India, would have been considered and punishable as an offence, and
for which he is, under any law concerned to extradition, or otherwise, liable to be
apprehended or detained in custody in India.
8. A person who was a released convict and commits a breach of any rule, relating to the
notification of the residence or change of or absence from the place of residence.
9. A person for whose arrest any requisition, regardless of being written or oral, has been
received from another officer, provided that the order specifies the individual to be
arrested and the crime or other causes for which the detainment is to be done, and it
appears therefrom that the individual might lawfully be arrested without a warrant by
the officer who issued the requisition.