Chapter V
Section 41 CrPC: When police may arrest without warrant
New Law Update (2024)
Section 35 BNSS
TRIAL COURT
Punishment
Procedural – Warrant / Summons Process
Cognizable?
Cognizable
Bailable?
Compoundable?
Bare Act Text
(1) Any police officer may without an order from a Magistrate and without a warrant, arrest any person:
(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 house-breaking; 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 made under Sub-Section (5) of section 356; 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 cause 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.
(2) Any officer in charge of a police station may, in like manner, arrest or cause to be arrested any person, belonging to one or more of the categories of person specified in section 109 or section 110.
Important Sub-Sections Explained
Section 41(1)
This sub-section outlines the primary grounds and conditions under which a police officer is empowered to arrest an individual without an order from a Magistrate or a warrant. It covers situations such as involvement in cognizable offences, being a proclaimed offender, or possession of stolen property.
Section 41(2)
This sub-section grants the officer in charge of a police station the authority to arrest or cause to be arrested any person falling under the categories specified in Sections 109 or 110 of the CrPC, which are typically related to maintaining peace and good behaviour.
Landmark Judgements
D.K. Basu v. State of West Bengal (1997):
This landmark judgment laid down comprehensive guidelines for arrest and detention by police officers, emphasizing the protection of human rights and dignity of individuals, and aiming to prevent custodial violence and arbitrary arrests. It mandated procedures such as the creation of an arrest memo, informing a relative, and medical examination of the arrested person.
Arnesh Kumar v. State of Bihar (2014):
The Supreme Court issued strict guidelines for police officers regarding arrests in cases where the offence is punishable with imprisonment for a term which may extend to seven years. It mandated police to record reasons for arrest or non-arrest, to avoid mechanical arrests, and to ensure compliance with Section 41 CrPC conditions before making an arrest, thereby curbing arbitrary arrests.