Chapter V
Section 55 CrPC: Procedure when police officer deputes subordinate to arrest without warrant
New Law Update (2024)
Section 62 BNSS
TRIAL COURT
Punishment
Procedural – Warrant / Summons Process
Cognizable?
Bailable?
Compoundable?
Bare Act Text
(1) When any officer in charge of a police station or any police officer making an investigation under Chapter XII requires any officer subordinate to him to arrest without a warrant (otherwise than in his presence) any person who may lawfully be arrested without a warrant, he shall deliver to the officer required to make the arrest an order in writing, specifying the person to be arrested and the offence or other cause for which the arrest is to be made. The officer so required shall, before making the arrest, notify to the person to be arrested the substance of the order and, if so required by such person, shall show him the order.
(2) Nothing in Sub-Section (1) shall affect the power of a police officer to arrest a person under Section 41.
Important Sub-Sections Explained
Section 55(1)
This sub-section outlines the core procedure for a senior police officer to delegate the power of warrantless arrest to a subordinate. It mandates a written order specifying the person and the offence, and requires the subordinate to inform the arrestee of the order’s substance and show it if requested.
Section 55(2)
This sub-section clarifies that the provisions of Sub-Section (1) do not diminish the independent power of any police officer to arrest a person without a warrant under Section 41 of the CrPC.
Landmark Judgements
Sankat Kumar Yadav v. State of Bihar (1995):
This High Court ruling emphasized the mandatory nature of Section 55, holding that strict compliance with the requirements of a written order specifying the person and cause for arrest, and communicating its substance, is essential for a lawful arrest.
D.K. Basu v. State of West Bengal (1997):
Although not directly interpreting Section 55, this landmark Supreme Court judgment laid down extensive guidelines for arrest and detention, implicitly highlighting the necessity of strict adherence to all procedural safeguards under the CrPC, including Section 55, to ensure the legality and transparency of arrests.