Know your Right if you Arrested
A person is arrested when a police officer or a citizen takes him into custody or otherwise substantially deprives him of his freedom of action so that he may be held to answer for a crime or an offence. The police in India do not have any power to detain anybody for questioning unless he is arrested with or without warrant.
Warrant of Arrest It is a written order issued by a Court to a police officer to arrest and produce an offender or to search his premises for a particular thing. A police officer who executes the warrant shall notify the substance thereof to the person to be arrested and if he demands, shall show him the warrant. He is expected to bring the required person before the Court without unnecessary delay.
Warrant of Arrest It is a written order issued by a Court to a police officer to arrest and produce an offender or to search his premises for a particular thing. A police officer who executes the warrant shall notify the substance thereof to the person to be arrested and if he demands, shall show him the warrant. He is expected to bring the required person before the Court without unnecessary delay.
When can a person be arrested without a warrant?
- A person can be arrested without a warrant:
- If he is concerned in a cognizable offence or if there is a reasonable suspicion, complaint or information that he has committed a cognizable offence;
- If he possesses implements of house breaking;
- If he possess stolen property;
- If he is proclaimed an offender;
- It he obstructs a police officer on duty'
- If he escapes from a legal custody;
- It he is a deserter from the army, navy or air force;
- Where he is out of India, if he commits an offence punishable under any extradition law or under the Fugitive Offenders Act;
- If he is released convict who breaks the restrictions imposed by the Court on his movements;
- If he is suspected of preparing to commit a cognizable offence; 11. If he is habitual criminal;
- If he, after committing a non-cognizable offence in the presence of a police officer, refuses to give the police his name and address or has given him a false name and address;
- If he is required by a police officer of another police station who suspects that he has committed a cognizable offence.