Arrest without warrant

If police try to arrest somebody they must have arrest warrant to arrest him. There are some grounds where police can arrest a person without warrant. Under section 54 of Cr.P.C. Of Bangladesh 1898 and section 41 of Cr.P.C. Of India 1973 police can arrest without warrant if they found one of those ground below ---


Section 54 : Police may arrest without warrant

1. Any police officer may, without an order from a Magistrate and without warrant , arrest -------

• Cognizable Offense

Any person who has been concerned in many cognizable offense or against whom a reasonable complaint has been made credible of has been , or a reasonable suspicion exists of his having been so concerned."Unless there is an information or a reasonable suspicion that a person had been concerned in a cognizable offense the arrest is unwarranted.” -------- 44 CWN 502"when a person concerned in a cognizable offense the police can arrest him without warrant under sec 54 of the Code,” --------------- Abdur Rahaman Vs The State 29 DLR (SC) 256

• Implements of House Breaking

Any person having in his possession without lawful excuse, the burden of proving which excuse shall lie on such person, any implement of house braking.“An arrest for procession of implements of house breaking can only be made when the police have received some definite information about it. A arrest cannot be made when there is no definite information and it cannot be justified on the ground that on search such on implement happened to be founded in the procession of the person arrested.”------- Emperor Vs Abdul Halim AIR 1942

• Proclaimed offender

Any person who has been proclaimed as an offender either under the code or other of the government."Proper publication of proclamation is necessary to arrest a proclaimed offender. “------AIR 1936 Pat 249., 37 Cr.L.J. 318

• Stolen property

Any person in whose possession anything is founded 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." The procession of stolen property must be recent and exclusive.” ----------- 8 WR 28

• Obstructs a police officer

Any person who obstructs a police officer while in execution of his duty, or who has escaped. Or attempts to escape, from lawful custody.

• Deserter from the armed forces

Any person reasonably suspected of being a deserter from the armed forces of Bangladesh.

• 44, 45, vict., c. 60. any person who has been concerned in, 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 any place out of Bangladesh, which , if committed in Bangladesh, would have been punishable as an extradition or under the Fugitive offenders Act 1881, or otherwise liable to apprehended or detained in custody in Bangladesh.

• Any released convict committing a breach of any rule made section 565 subsection(3) for Bangladesh; section 356 subsection (5) for India.

• Any person for whose arrest a requisition has been received from another police officer, provided that the requisition specifies the person to arrested and the offence or other cause for which the arrest is to made it appears there from that the person might lawfully be arrested without a warrant by the officer who issued the requisition.

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