This article provides an overview of the topic of whether you can be arrested without a warrant. We will discuss the power of arrest by police and the limits imposed on it. Further, we will also discuss in brief the related concept of preventive arrest. So, let us study the few important provisions of Bharatiya Nagarik Suraksha Sanhita, 2023.
Introduction
Imagine a situation where a police officer comes to arrest one of your family members. They present a warrant in their hand and say, ‘You are under arrest.’ You must have often seen this happening in movies or TV serials too. But what is basically an arrest warrant?
An arrest warrant simply refers to a legal document in which the judge gives permission to the police to arrest a person. It tells about the person to be arrested and for what reason. But there are some situations where no warrant is needed by the police to arrest anyone. Let us study them one by one.
10 Circumstances Where Arrest Can Be Made Without A Warrant
As we go through Section 35 of the Bharatiya Nagarik Surakska Sanhita, 2023 (hereinafter referred to as ‘the Act’), we see that it provides us with ten circumstances under which an arrest can be made by the police without a warrant. Even no order of investigation is required from the magistrate.
1. On Commission of Cognizable Offence
You may get arrested if you commit a cognizable offence. Yes, you heard it right. Cognizable offences are defined under Section 2(g) of the Act and generally refers to serious crimes such as sexual harrasment, rape, murder and stalking a woman etc. in such cases police registers the FIR after receiving a complaint and comes to arrest you.
2. On Police Complaint
You may be arrested if police receive a reasonable complaint or credible information from someone that you have committed a cognizable offence. Police must be really suspicious about you committing that offence. Moreover, it must be punishable only up to seven years of imprisonment or fine, not more than that.
Three more conditions needs to be fulfilled before making an arrest under above mentioned circumstances-
- The police officer must believe that you have committed that offence.
- Your arrest must seem to be necessary.
- The reasons for arrest must be recorded in writing.
Arrest is considered necessary for the following reasons:
- To prevent any further crime by the accused.
- To ease out the investigation process.
- To prevent the accused from tampering with the existing evidence.
- To protect any person who is well acquainted with the facts of the case from any inducement or threat.
- To ensure the presence of the accused in the court whenever required.
I hope you are enjoying reading the article. But did you think that what if the crime is punishable for more than seven years? Let us cover it below.
3. Where Imprisonment is of More Than Seven Years
Supposedly, you commit a cognizable offence and the punishment is imprisonment of more than seven years or a death sentence. Now, the police can arrest you if they receive credible information about such a crime. Further, they should have a reason to believe that you have committed that crime. You cannot be arrested arbitrarily.
4. Being a Proclaimed Offender
Imagine yourself as a frequent lawbreaker. You are hiding from the police because you don’t want to get arrested. But you have been declared a proclaimed offender by the State Government. Now, there are high chances of you getting arrested. For more details about proclaimed offenders, you may refer to Section 84 of the Act.
5. Possession of Stolen Property
Now, what if you are a thief who stole some movable property?That stolen property is in your possession. It has some relation to the commission of crime. Like you murdered someone and stole all the gold ornaments from the house.
So, in such a situation, you can be arrested without a warrant. If the police find that you are in possession of any stolen property which probably has some relation to the crime committed by you, you may be arrested.
6. Obstructing Duty of Police Officer
If you obstruct any police officer in performing his duty or escape lawful custody, you can get arrested. By doing so, you are inviting trouble for yourself.
7. Desertion
If you desert or plan to do so from the services of the Armed forces of the Union, the police can arrest you.
8. Commission of Crime Outside India
You committed a crime outside India. Can the Indian police still arrest you? Yes, if the extradition laws allow it.
9. Breach of Certain Rules
You were being released as a convict for some time. In that period, you breached the rules under Section 394(5) of the Act. Yet again, you invited the trouble yourself and can get arrested.
10. On Request of Other Police Officer
Sometimes one police officer may request another police officer to arrest a specific person for a specified offence. You can be arrested if that police officer believes that he can lawfully arrest you without a warrant.
After studying all the circumstances, you are quite well-versed with the topic now. What if the police don’t arrest you under any of the above circumstances? Do you have the right to roam freely?
Issue Of Notice Of Appearance
If no arrest is made under the above listed circumstances, the police officer can issue a notice of appearance to the alleged offender. He is duty bound to appear on the date and time as notified. If he does so, he won’t be arrested. Otherwise, vice-versa.
Is any protection given to senior citizens, as they may be not well healthwise and it feels embarrassing too. What to do in these types of situations?
Let’s see
Protection Given to Senior Citizens
You all must be having grandparents or someone very elder to you who is very much respected. Can the police arrest them if they commit an offence punishable for less than 3 years? Won’t you feel bad if this happens.
Sub-clause (7) of Section 35 of the Act provides protection to senior citizens. A senior citizen is a person who is above 60 years of age or is infirm. The police officer needs to obtain permission from the deputy superintendent or other higher posts to arrest you.
Now that we have completely studied Section 35 of the Act, you may refer to corresponding sections of previous legislation – Section 41, Section 41A, Section 41B of the Code of Criminal Procedure, 1973
There is one more provision given under the Act which relates to the topic of the article. Let us quickly go through it.
The Provision Of Preventive Arrest
Section 170 of the Act talks about preventive arrest. It is the power of the police to arrest any person who is believed to commit a cognizable offence in future. This is done to prevent further commission of crime. In this situation too, arrest can be made without warrant and without the order of the magistrate.
For better understanding of the concepts, let us have a look at some case laws.
Case Laws
In the case of Joginder Singh vs. State of Uttar Pradesh (1994) that the police cannot arbitrarily use their power of arrest. No arrest can be made based on mere suspicion of crime by the alleged person. Police need to give a reasonable justification for its actions.
In another famous case of D.K. Basu vs. State of West Bengal (1996), a few rights were given to an arrested person. If you get arrested, you have the permission to know the reason for your arrest and meet your lawyer. You should be presented before the court within 24 hours of arrest. Moreover, your family member needs to be informed about it.
In conclusion, I would like to say that the power of arrest by police is not absolute. Checks and balances have been imposed upon them by the system to prevent its abuse and misuse.
