Friday, 11 January 2019

Arrest without Warrant

Arrest without Warrant
Section 54 of Criminal Procedure Code deal with procedure about “arrest without warrant”. Arrest may be affected with or without warrant.
Schedule 2, column 2 of Cr.P.C. specifies the cases in which arrest may be made without warrant. Any police officer may without an order of magistrate and without warrant arrest in following nine cases;
Person concerned in any cognizable offence or against whom a reasonable complaint, credible information or reasonable suspicion for cognizable offence.
Person in possession of implement of house-breaking
Proclaimed offender
Person in possession of stolen property
Person obstructing police officer
Deserter from armed forces
Person apprehended under extradition law/concerned in offence committed outside Pakistan
Released convict committing break of any rule under section 565 (3) of Cr.P.C.
Person for whose arrest a requisition has received from another police officer
Arrest by Officer in charge of Police Station under section 55 of Cr.P.C
An officer in charge of police station may in like manner arrest or cause to be arrested;
Person trying to conceal himself
Person who ahs ostensible means of subsistence
Habitual offender, habitual robber, house breaker, thief or who commits extortion
Arrest by private person under section 59 Cr.P.C
Any private person may arrest any person who;
Committed non-bailable offence
Proclaimed offender

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Arrest without warrant u/ss 54 & 65: Police can arrest a person without obtaining warrants from the Court under following circumstances:
1. Cognizable offence:
2. Vagabonds (wanderer):
3. Habitual robber:
4. Preventive detention:
5. Offences committed before Magistrate:
6. Suspect of offence:
7. Injury to public property:
8. Reasonable suspicion of crime:
9. House breaking:
10. Proclaimed offender:
11. Having stolen property:
12. Causing obstruction in police duty:
13. Escaped person:
14. Attempt to escape from lawful custody:
15. Life beyond reasonable sources:
16. Private arrest:

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