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Arrest Procedures Explained

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.

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104 views4 pages

Arrest Procedures Explained

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.

Uploaded by

lokesh4nigam
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Section 41 ;- After 01 . 11.

2010

police can arrest without warrant ;-

(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)
.

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