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.   


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