POLICE ARREST PROCEDURE IN DIFFERENT CASES (UNDER SEC. - 47 & 48)

SEARCH OF PLACE ENTERED BY PERSON SOUGHT TO BE ARRESTED(SEC. -47)

1. If any person acting under a warrant to arrest, or any police officer having authority to arrest, has reason to believe that the person to be arrested has entered into, or is within, any place, any person residing in, or being in charge of, such place shall, on demand of such person acting as aforesaid or such police officer, allow him free ingress thereto, and afford al reasonable facilities for a search therein.


PURSUIT OF OFFENDERS INTO OTHER JURISDICTIONS(SEC. -48)

1.  A police officer may, for the purpose of arresting without warrant any person whom he is authorised to arrest, pursue such person into any place in India.    

ARREST OF PERSON (CRPC UNDER SECTION- 41, 42, 43 & 44)

When Police May Arrest Without Warrant (sec. - 41)

1.  Who has been proclaimed as an offender either under this code or by order of the state government.

2.  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 things.

3.  Who obstructs a police officer while in the execution of his duty, or who has escaped , or attempts to escape, from lawful custody.

4.  Who is reasonably suspected of being a deserter from any of the Armed forces of the union.

Arrest On Refusal To Give Name And Residence (sec. - 42)

1.  When any person who, in the presence of a police officer, has committed or has been accused of committing  non-cognizable offence refuses, on demand of such officer, to give his name and residence or gives a name or residence which such officer has reason to believe to be false, he may be arrested by such officer in order that his name or residence may be ascertained.

Arrest By Private Person & Procedure On Such Arrest(sec. - 43)

Arrest By Magistrate(sec. - 44)

1.  Any magistrate, whether executive or judicial, may at any time arrest or direct the arrest, in his presence, within his local jurisdiction, of any person for whose arrest he is competent at the time and in the circumstances to issue a warrant.   

Accused In Front Of Court under section 244 (CRPC)

Evidence for prosecution.

1.  When, in any warrant case instituted otherwise than in a police report, the accused appears or is brought before a magistrate, the magistrate shall proceed to hear the prosecution and take all such evidence as may be produced in produced in support of the prosecution.

2.The magistrate may, on the application of the prosecution, issue a summon to any of its witness directing him to attend or to produce any document or other thing.
  

What common people can do in section 144, if this sec. is proceed in their area?

POWER TO ISSUE ORDER IN URGENT CASES OF NUISANCE OR APPREHENDED DANGER.

1. An order under this sec. may, in case of emergency or in cases where the circumstances do not admit of the serving in due time of a notice upon the person against whom the order is directed, be passed ex parte.

2.  An order under this sec. may be directed to a particular individual, or to person residing in a particular place or area, or to the public generally when frequenting or visiting a particular place or area.

3.  No order under this sec. shall remain in force for more than 2 months from the making thereof:
     provided that, if state govr. considers it necessary so to do for preventing danger to human life, health or safety or for preventing a riot or any affray.

4.  Any magistrate may, either on his motion or on the application of any person aggrieved, rescind or alter any order may under this sec. , by himself or any magistrate subordinate to him or by his predecessor-in-office.   

Type Of Offence Non Cognizable Offence (NCR) and Cognizable Offence (CR)

INFORMATION TO THE POLICE AND THEIR POWER TO INVESTIGATE

Information In Cognizable Cases.

1. A copy of the information as recorded under sub-section shall be given forthwith, free of cost, to the informant.

2. Any person aggrieved by a refusal on the part of an officer in charge of a police station to record the information referred to in sub-section1 may send the substance of such information, in writing and by post, to the superintendent of police concerned who, if satisfied that such information  discloses the commission of a cognizable offence, shall either investigate the case himself or direct an investigation to be made by any police officer subordinate to him, in the manner provided by this code, and such officer shall have all the power of an officer incharge of the police station in relation of that offence.


Information As To Non-Cognizable Cases & Investigation of such cases.

1. No police officer shall be investigate a non-cognizable case without the order of a magistrate having power to try such case or commit the case for trial.

2. Any police officer receiving such order may exercise the same power in respect of the investigation (except the power of arrest without the warrant) as an officer in charge of a police station may exercise in a cognizable case. 

What To Do If Polish is not taking action in your case ?

If   Police is not taking any action or doing any investigation in your case then you able to go &  give request latter to high authorities for taking any action.

Agar police aapke case par koi kaarwai nahi kar rahi hai to aap S.P. ya D.M. ya kisi uchya aadhikari ke pass ja kar karwai karwane ka prathna patra daal sakte hain ye aapka aadhikar hai.

Police arrest without warrant under (CRPC) Section 107 and 151.

CRPC under sec. 107--  Security for keeping the peace in other cases.
(Kisi bhi dashawon me ya public place par shanti banaye rakhne ke liye police kisi sangdigdh ya doshi  vyakti ko bina arrest warrent giraftar kar sakti hai)

CRPC under sec.151---  Arrest to prevent the comission of congnizable offences.
(Kisi bhi sangeen aapradhon ko hone se rokne ke liye police kisi doshi ya sangdigdh vyakti ko bina arrest warrent giraftar kar sakti hai)

How to get issue a search warrant form particular place.

CRPC under sec. 97--  Search warrent for person wrongfully confined.
(Kisi sangdigdh vyakti ki talashi ke liye magistrate turant talashi patra ya search warrent jari kar sakte hain)

CRPC under sec. 98--  Power to compel restoration of abducted females.
(yadi kisi Aaurat ya 18 varsh se kam ayu ki ladki ko jabran ya dhamka ke rakhe jane  ya aapahran hone ke shak ki isthiti me Magistrate ya court turant search warrent ka aadesh jari kar us ladki ya aaurat ko swatantra karne ka aadesh de sakta hai.

Provision as to BAIL & BOND (How to get a Bail) CRPC under section 436, 437, 438 & 439

1. In what cases Bail to be taken.(CRPC under sec. 436)
2. When Bail may be taken in case of nonbailable offence.(under sec. 437)
3. Direction for grant of Bail to person apprehended arrest.(under sec. 438)
4.Special power of highcourt or court of session regarding Bail.(under sec. 439)

CONDITIONAL ORDER FOR REMOVAL OF NUISANCE

That any unlawful obstruction or nuisance should be removed from any public, place or from any way, river or channel which is or may be lawfully used by the public.

That any buildings , tents or any tree is in such a condition that it is likely to fall & cause injury to any person or carrying on business in the neighbourhood,
                                                                      in such cases Magistrate may make a conditional order requiring the person, to remove such obstruction or nuisance.

Process To Compel Apperance

1. sec. 61- Form of summon
2. sec. 62- Summon how serve
3. sec. 63- Service of summon to corporate, body, society,etc.
4. sec. 64- Service where person cannot be found summon
5. sec. 65- If service cannot be effected as before provided
6. sec. 66- If person not found then summon is active in govr. court shall be ordinary sent it duplicate copy to head office where person worked
7. sec. 67- When person live outside then service of summon provided outside with local limits
8. sec.68- For police to prove that summon provided to person by police officer
9. sec.69- Service of summon of witness by post

ORDER FOR MAINTENANCE OF WIVES, CHILDREN & PARENTS

If  any person having sufficient means neglects or refuses to maintain------

1.  His wife, unable to maintain herself, or

2.  His legitimate minor child, whether married or not, unable to maintain itself, or

3.  His father or mother, unable to maintain himself or herself,

Magistrate of the first class may, order to able person of family give financial support under section 125