ARREST ( SECTION 41 – 44) OF CrPC

SUBMITTED BY -
NAME – SOMYA SRIVASTAVA
 MEANING

 Fair trial requires that the trial proceedings are conducted in the
presence of the accused and that he is given a fair chance to defend
himself.  Consequently, the provisions regarding the issue of
summons, or of a warrant of arrest or arrest without warrant are all
aimed at ensuring the presence of accused at his trial without
unreasonably depriving him of his liberty.

Arrest means the apprehension of a person by legal authority resulting

in deprivation of his liberty.

The Code contemplates two types of arrests:

1.) Arrest made in pursuance of a warrant issued by a Magistrate; and
2.) Arrest made without such warrant but made in accordance with
some legal provision permitting such arrest.
CASES IN WHICH ARREST CAN BE MADE WITHOUT A
WARRANT

• Section 41 enumerates different categories of cases in which a police officer

may arrest a person without an order from a Magistrate and without a warrant.
These include:

(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; or

(b) who has in his possession without lawful excuse, the burden of proving
which excuse shall lie on such person, any implement of housebreaking; or

(c) who has been proclaimed as an offender either under this Code or by order
of the State Government; or

(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; or
(e) who obstructs a police officer while in the execution of his duty, or who has escaped,
or attempts to escape, from lawful custody; or

(f) who is reasonably suspected of being a deserter from any of the Armed Forces of the
Union; or

(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; or

(h) who being a released convict, commits a breach of any rule, relating to notification of
residence or change of or absence from residence; or

(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 causes 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. 
SECTION 42 – ARREST ON REFUSAL TO GIVE NAME
AND RESIDENCE

If any person who is accused of committing a non-cognizable

offence does not give his name, residence or gives a name and
residence which the police officer feels to be false, he may be
taken into custody. However, such person cannot be detained
beyond 24 hours if his true name and address cannot be
ascertained or fails to execute a bond or furnish sufficient
sureties. In that event, he shall be forwarded to the nearest
Magistrate having jurisdiction.
 SECTION 43 - ARREST BY A PRIVATE PERSON

A private person may arrest or cause to be arrested any person

who in his presence commits a non-bailable and cognizable
offence or who is a proclaimed offender. This right of arrest
arises under the Common Law which applies to India
(Ramaswamy Aiyar (1921) 44 Mad. 913).
SECTION 44 – ARREST BY MAGISTRATE

Under Section 44 clause (1), the Magistrate has been given the
power to arrest a person who has committed an offence in his
presence and also commit him to custody. Under in clause 2,
the Magistrate has the power to arrest a person for which he is
competent and has also been authorized to issue a warrant.
However, Section 45 protects members of Armed Forces from
the arrest where they do something in the discharge of their
official duties. They could be arrested only after obtaining the
consent of the Central Government.
THANKYOU